Notary Public (posted by Jessica)

Congratulations! You have finished three quarters of the paralegal program. Take a deep breath this week while you are on break and remind yourself that God helped you reach this point. He will continue to be with you through the final 10 weeks and beyond that as you continue your education or head into a job.

On Wednesday the office manager at our law firm announced that ALL the paralegals in the office were to complete the steps to become registered as notary publics. Many of our documents must be notarized and it had become increasingly obvious that we needed more than one or two individuals capable of notarizing paperwork. This week I spent several hours researching state requirements, reading a manual and filling out an application.

If you plan to work as a paralegal at a law firm or even continue on and complete a JD program, you should consider the idea of becoming a notary public. It is something you can put on a resume and make yourself more marketable.

What is a Notary Public? Here is an excerpt on the history of notary publics:

“The office of notary public has a proud and ancient heritage. As early as the days of the Roman Empire there is mention of its fore-runners; the ‘scriba’, ‘notarii’, ‘tabularii’ and ‘tabelliones.’ Originally the ‘notarius’ was a mere scribe taking notes or minutes and drafting various instruments. Since few people could write and commercial agreements were made orally, the services of the "notarius" were sought to reduce these agreements to a definite written record. With the growth of commerce and organized civil life, these same services were needed for instruments of contract, disposition of property, and court records, etc. Practically all documents of importance since the early Roman Empire were, at one time, drawn by notaries. The English notary is an ecclesiastical officer, although his duties are mainly secular, having at one time been appointed by the Popes and subsequently by the Archbishop of Canterbury. On October 25, 1639, Thomas Fugill, a member of Connecticut's New Haven Colony, became the first notary public in America.”[i]

Three of the modern duties of notary publics are to: take acknowledgements, prepare jurats for affidavits, and administer oaths.

1. Take an Acknowledgement: When a document like a deed to convey land has to be signed by the individual making the conveyance, a notary’s signature is required as proof that the individual is who they say they are and signed the document of their own free will.

A. The individual must be personally known to the notary public, or provide sufficient proof of their identity.

B. The notary must be comfortable that the person is competent to execute the document.

C. Through the oath administered by the notary, the individual affirms that the signature on the document is his own and that he signed of his own free will.

D. The notary than signs and usually also stamps the document with a seal as proof of the acknowledgment.

2. Jurat for an Affidavit: An affidavit is a statement of facts and must be signed in the presence of a notary by the person attesting to the facts. The notary administers an oath to the individual and then attaches a certificate, called a jurat to the affidavit. The jurat is proof that the individual affirmed the truth of his statement.

3. Administer Oaths: A typical oath is "Do you solemnly swear that the statements contained herein are true to the best of your knowledge and belief, so help you God?"

4. Notary Publics may NOT notarize their own documents, documents of relatives or documents that would bring themselves a personal benefit.

Each state has its own laws and procedures for notary publics. Commissioning notary publics is a function of the state’s Secretary of State’s office. Some requirements common to all states are that the person be 18 years-old or older and be a resident of the state (some states allow those whose primary place of business is in the state). Most recommend or require the notary public to have a stamp or seal with their name and the expiration date of their commission. Another requirement or strongly recommended suggestion is the keeping of a journal/register to document all actions done in the role of notary public (i.e. every document signed, every oath administered).

The application process varies greatly from state to state:

In Connecticut you must read a manual and fill out an application (which includes a test) that must be notarized and sent to the Secretary of State’s office with a $60 application fee.

In Maryland you must read a manual, and fill out an application that must be reviewed by your State Senator before the Secretary of State will approve it. The filing fee is $20.

In California you must take a six-hour class, take an exam ($40), and then submit to a background check.

In Indiana you must read a manual and submit an application along with a $5000 bond (against injury to persons through breach of duty). There is no test.

Illinois has many of the same requirements as Indiana.

For more information and links to manuals and applications please see below:

MD = http://www.sos.state.md.us/Notary/Notary.htm

CA = http://www.sos.ca.gov/business/notary/

IN = http://www.in.gov/sos/business/notary/guide.html

IL = http://www.cyberdriveillinois.com/publications/pdf_publications/ipub1620.pdf

Have a super weekend.


[i] State of Connecticut, Notary Public Manual, http://www.ct.gov/sots/lib/sots/legislativeservices/forms/notarymanual.pdf

Breaking: Justice Souter to Retire (posted by Gabe)

If you follow legal news, you've probably seen that Justice David Souter apparently is planning to retire at the end of the Supreme Court's present term. It's a fascinating move legally and politically.

There are far too many angles for me to try to address in one post - thoughts welcome, in the comments!

Hot Air has a fascinating article, from the political perspective, here.