A Nebraska Judge Dismisses Charges Against Notary Public Accused of Mishandling Medical Marijuana Petitions
A judge in Hall County, Nebraska, has dismissed all charges against a 54-year-old notary public accused of mishandling medical marijuana petitions. Jacy Todd, from York, was facing 24 counts of official misconduct, a misdemeanor, after prosecutors alleged that he was not present when petition circulators notarized their pages, violating Nebraska law.
However, Judge Alfred Corey ruled that notaries are not considered public servants under state law and therefore cannot be charged with official misconduct. The judge determined that allegations of notary malfeasance should be handled by the Secretary of State’s Office, not the courts.
The charges were dismissed with prejudice, meaning the state cannot refile them, although prosecutors could appeal the ruling. This decision comes as part of a larger controversy surrounding two initiatives to legalize and regulate medical marijuana in Nebraska, which were approved by voters.
In related cases, a petition circulator, Michael Egbert, was found guilty of faking dozens of signatures on each petition. Additionally, a lawsuit has been filed arguing that there was sufficient fraud by circulators and malfeasance by notaries to invalidate the petitions. A ruling on this lawsuit is still pending in Lancaster County District Court.
