The District Court of Hall County decided Tuesday to allow criminal charges against a notary public for “official misconduct” to proceed, overturning a lower court decision.
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 is believed to be the first notary criminally charged in this way.
Todd is accused of allegedly notarizing petition pages outside the presence of a petition circulator, Michael Egbert of Grand Island, on 24 different dates, each leading to a separate criminal charge. Todd has repeatedly denied all allegations.
Egbert admitted to using a phone book to illegally add voters to petition pages. He accepted a plea deal, reducing a Class IV felony charge to a Class I misdemeanor and $250 fine. Egbert said during a Lancaster County trial against the ballot measures that he has a mental condition that affects his memory.
Butler said he had to view the appeal from Hall County Attorney Marty Klein, who is working with the Nebraska Attorney General’s Office in the case, “in the light most favorable” to the State of Nebraska because Todd and his attorney have motioned to end the case.
More facts are needed, Butler argued, and the “extreme outcome” of a motion to quash should be “rare.”
“Granting the motion to quash was not appropriate at that time when considering the facts most favorable to the nonmoving party,” Butler wrote. “Further, and most importantly to the court, a notary public is a public servant that is subject to civil penalties and criminal penalties if warranted.”
Hellbound and Down 