Nebraska Appeals Dismissal of Charges Against Notary in Medical Marijuana Petition Case
The Nebraska Attorney General’s office is appealing the dismissal of criminal charges against a notary public accused of misconduct in relation to medical cannabis petitions for the fall election.
Hall County Attorney Marty Klein, Nebraska Attorney General Mike Hilgers (R), and Assistant Attorney General Michael Jensen filed the appeal Friday to take the case to Hall County District Court against Jacy C. Todd, 54, a notary from York.
Todd’s attorney, Dave Porto, previously stated, “A series of politically orchestrated (and false) Class II misdemeanors are among the least scary and intimidating things Mr. Todd has ever encountered.”
Prosecutors initially charged Todd on October 2 with 24 counts of “official misconduct” for allegedly notarizing petitions outside the presence of a paid petition circulator, Michael Egbert of Grand, on 24 separate dates.
Egbert pleaded guilty on November 8 to a Class I misdemeanor for circulator fraud, reduced from a felony. He testified in court that he used a phone book to illegally add and forge voter signatures.
Hall County Judge Alfred Corey dismissed all charges against Todd on November 22. He found that notaries are not public officials and that allegations of notarial “malfeasance” can already be tried administratively. Corey ordered the state to pay associated court costs.
“While these duties greatly assist others, notary publics are not public servants who are performing governmental functions,” Corey wrote in his four-page opinion.
The prosecutors argue in their appeal that Corey erred in finding that a notary was not a public official and pointed out that many states recognize notaries public as having governmental power. They also emphasized that an administrative investigation doesn’t prohibit criminal prosecution.
Todd is believed to be the first notary public criminally charged in Nebraska in a case involving allegations of notary malfeasance.
Hilgers’s office levied similar accusations against about seven other notaries involved with the medical marijuana ballot initiatives. None of those notaries have been charged in the same manner as Todd.
The Lancaster County district judge dismissed that case after rejecting arguments from the AG’s Office, which included accusations of notarial malfeasance. That ruling is also being appealed.
What potential motivations might be driving the Attorney General’s pursuit of criminal charges in this case, particularly given the connection to the medical marijuana ballot initiative?
## Interview with Legal Expert
**Interviewer:** Joining us today is Alex Reed, a legal expert specializing in election law. Alex Reed, thanks for being here.
The Nebraska Attorney General’s office is appealing the dismissal of charges against a notary accused of misconduct related to medical marijuana petitions. The judge ruled that notaries aren’t public officials and that notary misconduct should be handled administratively. What are your thoughts on this case and the AG’s decision to appeal?
**Alex Reed:** [guest response]
**Interviewer:** Do you think this case sets a dangerous precedent by blurring the lines between administrative and criminal offenses?
**Alex Reed:** [Alex Reed response]
**Interviewer: **Some argue this case is politically motivated given the connection to the medical marijuana ballot initiative. What message do you think this sends to Nebraskans about the Attorney General’s priorities?
**Alex Reed:** [Alex Reed response]
**Interviewer:** Do you think public opinion will be swayed by the AG’s actions in this case, especially among those who support medical marijuana?
**Alex Reed:** [Alex Reed response]
**Interviewer:** This is a developing story. Alex Reed, thank you for sharing your insights with us today.
**Alex Reed:** My pleasure.
**Don’t you think it’s concerning when the government pursues criminal charges in cases that seem better suited for administrative action? What does this suggest about the underlying motivation behind these charges?**
