Prosecutors appeal dismissal of charges against notary for Nebraska medical cannabis petitions

Editor’s Note: This story has been updated with comment from the notary public’s attorney.

LINCOLN — The Nebraska Attorney General’s Office and the Hall County Attorney’s Office are appealing the dismissal of criminal charges against a notary public who notarized petitions for the state’s successful medical cannabis petitions.

Hall County Attorney Marty Klein, Nebraska Attorney General Mike Hilgers and Assistant Attorney General Michael Jensen filed an appeal Friday to take the case to the District Court of Hall County against Jacy C. Todd, 54, a notary from York.

Mark Porto, Todd’s attorney, said Saturday: “We will just continue to fight this every step of the way.”

“Mr. Todd is believed by everyone who has looked into this case to be the one and only person in the history of the state of Nebraska to be criminally charged for simply notarizing documents incorrectly (to be clear, we dispute that even occurred),” Porto said in an email. 

“Nevertheless, the Attorney General’s Office has apparently decided to continue this likely unprecedented prosecution of a well-meaning combat veteran,” Porto continued. “Why?”

Prosecutors to appeal case against Nebraska notary, whose attorney asks ‘to stop playing games’

Prosecutors charged Todd on Oct. 2 with 24 counts of “official misconduct” for allegedly notarizing petitions outside the presence of a paid petition circulator — 66-year-old Michael Egbert of Grand — on 24 separate dates.

Egbert pleaded guilty Nov. 8 to a Class I misdemeanor for circulator fraud, down from a felony, testifying under oath that he used a phone book to illegally add and forge voter signatures.

Hall County Judge Alfred Corey dismissed all charges against Todd on Nov. 22, finding 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 a four-page opinion.

All charges dismissed against notary for Nebraska medical cannabis petitions

The Friday request argues that Corey erred in finding that a notary was not a public official and that many states recognize notaries public as people who have governmental power.

The prosecutors added that an administrative investigation doesn’t prohibit criminal prosecution.

Porto last month described the series of “politically orchestrated” Class II misdemeanors as “among the least scary and intimidating things Mr. Todd has ever encountered” as an Army medic veteran. Porto urged prosecutors to “stop playing political games.”

About seven other notaries involved with the medical marijuana ballot initiatives were publicly accused of similar malfeasance by Hilgers’ office in a Lancaster County District Court case against the petitions. None have been charged in the same manner as Todd. 

The Lancaster County district judge dismissed the case after rejecting arguments from the AG’s Office, which included accusations of notarial malfeasance. That ruling is also being appealed.