In a significant ruling on Friday, November 22, 2024, Hall County Judge Alfred Corey dismissed all charges against Jacy C. Todd, a notary public from York, who had been accused of “official misconduct” in relation to medical cannabis petitions in Nebraska. The dismissal could have far-reaching consequences for a pending case challenging the validity of medical cannabis ballot measures in the state.
Background on the Case
Todd, 53, was initially charged with 24 counts of official misconduct for allegedly improperly notarizing petition pages circulated by Michael Egbert of Grand Island. The charges stemmed from accusations that Todd notarized the petitions without being physically present with Egbert, a violation of state law. Egbert, who admitted to adding fraudulent signatures to the petitions, accepted a plea deal for a misdemeanor and a $250 fine, reduced from a felony charge.
The State of Nebraska and Hall County Attorney Marty Klein argued that as a notary public, Todd held a public official status and had “knowingly” violated state law by not following proper procedures for notarization. However, Judge Corey rejected these arguments in his ruling.
Judge’s Ruling on Notary Status
In his four-page opinion, Judge Corey explained that while notaries serve an important role, they are not considered public servants performing governmental functions. He stated that notaries have “clerical and ministerial” duties that do not involve policymaking or the routine exercise of authority over individuals, drawing upon a 1984 U.S. Supreme Court decision in Bernal v. Fainter regarding notaries in Texas. The ruling emphasized that notary functions are administrative in nature, rather than core government functions.
Corey noted that Nebraska has an administrative process in place for determining whether a notary’s license should be suspended or revoked, but criminal charges related to a notary’s duties were not warranted in this case. His decision permanently dismissed the charges against Todd and ordered the state to cover associated legal costs.
Broader Impact on Cannabis Petition Validity
The ruling comes amid an ongoing legal battle over the validity of medical cannabis petition signatures in Nebraska. The Nebraska Attorney General’s Office, along with Secretary of State Bob Evnen, is seeking to invalidate the cannabis ballot measures, arguing that any fraudulent signatures or improper notarizations should render the entire petition invalid.
While Todd’s case has been dismissed, the broader case concerning medical cannabis petitions is still ongoing. Lancaster County District Judge Susan Strong is considering arguments related to the alleged misconduct of other notaries, including Todd, and the claims of “notarial malfeasance” affecting the validity of petition signatures. The state’s argument hinges on the idea that if any petition circulator, such as Egbert, was involved in fraud, all signatures from that circulator should be deemed invalid.
Public Support for Medical Cannabis Legalization
Despite the legal challenges, Nebraska voters overwhelmingly supported Initiative Measures 437 and 438 in the November 2024 election, which seek to legalize and regulate medical cannabis. The measures have gained significant backing from Nebraskans, but state constitutional officers, including Evnen and Attorney General Mike Hilgers, must still decide whether to certify the election results. They are expected to certify the measures in early December.
Conclusion of the Legal Proceedings
Judge Corey’s dismissal of the charges against Todd has been hailed by defense attorneys as a victory for notaries who have been accused of wrongdoing in similar cases. His ruling affirms that notaries should not be treated as public officials liable for criminal charges related to the technicalities of their duties. This decision marks a crucial moment in Nebraska’s ongoing cannabis legalization efforts, particularly as the state navigates the complex issue of petition validity and the role of notaries in the process.
