Comments on Proposed Amendments to Federal Rule of Evidence 609(a)(1)(B) (Sept 2026)

We write to express our deep concern upon learning that the proposed amendment to Federal Rule of Evidence 609(a)(1)(B) may be in jeopardy. ... Our members confront the consequences of Rule 609 every day, and NACDL has supported this amendment since it came before the Advisory Committee, most recently in our written comments of February 15, 2026. For the criminal defense bar, this amendment is among the most important the Advisory Committee on Evidence Rules has considered. … Courts throughout the country are not performing the balancing test as Congress intended.

 

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