Notary Publics are public servants who can be subjected to both civil and criminal penalties.
By Zach Wendling, Nebraska Examiner
The District Court of Hall County ruled Tuesday that criminal charges could be filed against a notary for “official misconduct”, overturning an earlier court ruling.
District Judge Andrew Butler, in a 10-page opinion, reversed a previous motion to quash against 24 counts of “official misconduct”—a Class II misdemeanor—against Jacy Todd of York, who was a notary for the successful ballot measures to legalize and regulate medical cannabis last year. Todd, who is believed to have been the first ever notary criminally accused in such a way, wrote a 10-page opinion. He reversed a previous motion to quash against 24 counts of “official misconduct”–a Class II misdemeanor.
Todd has been accused of notarizing petitions pages on 24 separate dates without the presence of Michael Egbert, a Grand Island petitioner. Each of these charges is a distinct criminal offense. Todd denies all accusations.
Egbert acknowledged using a directory to add illegally voters to petitions. In exchange for a guilty plea, Egbert agreed to reduce a Class IV felonious charge down to a Class 1 misdemeanor with a $250 fine. Egbert stated during the Lancaster County ballot measure trial that he suffers from a memory disorder.
Butler stated that he must view the appeal of Hall County Attorney Marty Klein who works with the Nebraska Attorney General’s Office on the case “in the most favorable light” for the State of Nebraska, because Todd and Todd’s attorney had moved to close the case.
Butler said that more facts were needed and an “extreme” outcome of a motion for quash would be rare.
Butler wrote that “it was inappropriate to grant the motion for quash when the most favorable facts were in the favor of the party who did not move.” Butler wrote: “Furthermore, and more importantly for the court, it is important to note that a notary is a civil servant who is subject to criminal and civil penalties, as warranted.
‘Integrity of our elections’
The AG’s Office thanked Butler for his decision in a press release.
The spokesperson for Suzanne Gage in a recent statement said: “Notaries play a vital role in our electoral process, ensuring the integrity of elections.”
Mark Porto, the attorney representing Todd when the AG’s Office was considering an appeal in late 2013, said, “A series of politically-orchestrated (and false), Class II misdemeanors is among the least frightening and intimidating things that Todd had ever experienced.”
Porto didn’t immediately reply to an inquiry for comment on Tuesday.
What is the difference between public servants and duties of the state?
Hall County Judge Alfred Corey ruled in November that notaries public are not public officials. He agreed with Todd’s attorney Mark Porto and their “motion to quash”.
Corey stated that notarial duties, while essential, “doesn’t involve responsibilities which are at the core of representative government.” They were “basically clerical” and “ministerial”.
Butler claimed that there was no difference in the definition of “public service” between state laws, and notaries should be considered “officers”, appointed to office by Nebraska’s Secretary of State.
Butler wrote, “This is clear evidence that the notary public serves as a public officer.”
‘Voice of its residents’
Butler asked about the resources used in pursuing such criminal cases and their number “when considering the climate and voices of residents of this state.”
Nearly 71% of voters chose to legalize and regulate medical cannabis.
Butler said that those decisions were left up to a different entity. The court is only responsible for applying laws in their written form. In this case, the judge should have denied the motion and referred the issue to a finding.[s] It is a fact.”
If the Nebraska Court of Appeals is not consulted, then this case will be returned to Hall County Court.
Nebraska Examiner was the first to publish this story.
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