Posted by Anonymous on 3/28/05 7:50pm
Msg #28114

Question about the office of notary public

I am aware that notaries are public servants/officers. Is a notary public a judicial officer or an officer of the court?

Reply by Korey Humphreys on 3/28/05 8:24pm
Msg #28119

A MASSACHUSETTS Notary Public is the following:

(1) Public Officer; because we are appointed by the Governor and his Council pursuant to the MA Constitution.

(2) Public Servant; because we're required to work for the public.

(3) Judicial Officer; because MA Notaries have the autority and duty to issue various writs (court subpoenas, summonses; etc.) In addition we are authorized to take evidence and testimony.

(4) Officer's of the Court; hence judicial officers.

(NOTE: Judicial = court level)

I am going to assume that all other states are similar. The only difference is that MA Notaries can issue writs on behalf of the court. To date, I haven't found another state that allows notaries to perform the same duty.

Hopefully this helped. Remember, this is in regards to the state of Massachusetts. I'm not sure about other states.

Have a good night!

=======
Korey

Reply by Ted_MI on 3/28/05 9:36pm
Msg #28128

Re: What state are your from.........? n/m

Reply by Anonymous on 3/28/05 9:41pm
Msg #28130

Ohio no message

Reply by Roger/OH on 3/28/05 11:37pm
Msg #28144

Neither. From the Ohio Notary handbook: " A Notary Public is a public officer appointed under authority of state law with power to administer oaths, certify affidavits, take acknowledgements, take depositions or perpetuate testimony, and record notarial protests."