GRAND ISLAND, Neb. (KSNB) – A notary public charged with improperly signing off on medical cannabis petitions last year will go on trial in September in Grand Island.
Jacy Todd, 54, York, is charged with 24 counts of official misconduct. He’s accused of notarizing petition pages outside the presence of a petition circulator. Last week he asked for a jury trial.
On Tuesday, Judge Alfred Corey set trial for Sept. 15. A pre-trial hearing in the case is scheduled Sept. 4.
Attorney General Mike Hilgers and Hall County Attorney Marty Klein charged Todd last fall. Since then:
In November, Hall County Judge Alfred Corey granted a motion to dismiss the case on the argument that a notary public is not a public servant performing government functions and is subject to civil penalties, but not criminal penaltiesBut Hilgers and Klein appealed that decision to Hall County District Court. And in April, District Judge Andrew Butler overruled Corey’s decision, citing another state statute giving the Nebraska Secretary of State power to appoint notaries to hold office for four years. Butler said that provision makes notaries public servants. He then ordered the case back to Hall County Court.
In his opinion, Judge Butler questioned the pursuit of criminal charges against Todd noting “the current climate of the state,” an apparent reference to the passage of medical marijuana laws last fall by Nebraska voters.
Butler also said however that those decisions, “are left to another entity.”
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A notary public charged with improperly signing off on medical cannabis petitions last year will go on trial in September in Grand Island. Read More
