RULE ER 609
         IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME


    (a) General Rule. For the purpose of attacking the
credibility of a witness in a criminal or civil case, evidence
that the witness has been convicted of a crime shall be admitted
if elicited from the witness or established by public record
during examination of the witness but only if the crime (1) was
punishable by death or imprisonment in excess of 1 year under the
law under which the witness was convicted, and the court
determines that the probative value of admitting this evidence
outweighs the prejudice to the party against whom the evidence is
offered, or (2) involved dishonesty or false statement,
regardless of the punishment.

    (b) Time Limit. Evidence of a conviction under this rule is
not admissible if a period of more than 10 years has elapsed
since the date of the conviction or of the release of the witness
from the confinement imposed for that conviction, whichever is
the later date, unless the court determines, in the interests of
justice, that the probative value of the conviction supported by
specific facts and circumstances substantially outweighs its
prejudicial effect. However, evidence of a conviction more than
10 years old as calculated herein, is not admissible unless the
proponent gives to the adverse party sufficient advance written
notice of intent to use such evidence to provide the adverse
party with a fair opportunity to contest the use of such evidence.

    (c) Effect of Pardon, Annulment, or Certificate of
Rehabilitation. Evidence of a conviction is not admissible under
this rule if (1) the conviction has been the subject of a pardon,
annulment, certificate of rehabilitation, or other equivalent
procedure based on a finding of the rehabilitation of the person
convicted, and that person has not been convicted of a subsequent
crime which was punishable by death or imprisonment in excess of
1 year, or (2) the conviction has been the subject of a pardon,
annulment, or other equivalent procedure based on a finding of innocence.

    (d) Juvenile Adjudications. Evidence of juvenile
adjudications is generally not admissible under this rule. The
court may, however, in a criminal case allow evidence of a
finding of guilt in a juvenile offense proceeding of a witness
other than the accused if conviction of the offense would be
admissible to attack the credibility of an adult and the court is
satisfied that admission in evidence is necessary for a fair
determination of the issue of guilt or innocence.

    (e) Pendency of Appeal. The pendency of an appeal therefrom
does not render evidence of a conviction inadmissible. Evidence
of the pendency of an appeal is admissible.


[Amended effective September 1, 1988


            Comment 609

[Deleted effective September 1, 2006.]