LINCOLN, Neb. (KOLN) – A Hall County District Court judge has decided that the York notary accused of improperly notarizing Nebraska’s medical cannabis petitions last year should be tried.
Court documents filed on Tuesday show Hall County District Court Judge Andrew Butler reversed the Hall County Court’s ruling granting 54-year-old Jacy Todd’s motion to quash and reinstated the State of Nebraska’s amended complaint.
The State of Nebraska and Hall County Attorney Marty Klein had charged Todd with 24 counts of “official misconduct” in October 2024 for allegedly invalid notarizations.
Attorney Klein and Attorney General Mike Hilgers accused Todd of notarizing petition pages outside of the presence of a petition circulator on 24 different dates.
On Nov. 22, Hall County Judge Alfred Corey accepted a motion to quash from Todd’s attorney, and all charges were dismissed. Judge Corey stated that notaries public are not public servants who are performing governmental functions.
Prosecutors later appealed the dismissal of charges, and in Tuesday’s ruling Judge Butler stated “Granting the motion to quash was not appropriate at that time when considering the facts most favorable to the nonmoving party. 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.”
Judge Butler noted that more information is needed to determine if Todd has committed the alleged crimes in the office of notary public.
“We are grateful for the decision. Notaries are public officials, who play an important role in our election process to ensure that the integrity of our elections are secured,” the Nebraska Attorney General’s Office told 10/11.
The case is now heading back to county court in Hall County where a future hearing has yet to be set.
Judge Butler also raised a concern about the fervor in pursuing this case.
“The Court questions the extent of resources being used to pursue such criminal charges and the number of criminal charges in this matter when looking at the current climate of the state and voice of its residents,” Tuesday’s ruling states.
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A Hall County District Court judge has decided that the York notary accused of improperly notarizing Nebraska’s medical cannabis petitions last year should be tried. Read More
