Posted by Korey Humphreys on 4/28/06 4:01pm
Msg #116618

Is an Executive Order considered law?.....

The reason I ask is because the NNA sent me a newsletter (as they do every month and I'm not even a member [go figure]) saying that the Commonwealth is trying to pass a law to make it mandatory for a non-attorney Notary Public to keep a journal. The employees of an attorney need not have one also.

Yet Executive Order 455 (04-04) already says that. I assumed that the Executive Order would be enforceable. So let's say that a non-attorney notary public not in the general employ of an attorney is notarizing signatures. The Notary does not keep a journal. Isn't this against the law... against the Executive Order?

hhhhmmmmm......... I briefly researched this topic and couldn't find an exact answer to the issue/question. Any ideas and/or comments.

Reply by Tina_MA on 4/28/06 5:28pm
Msg #116638

Sharon Jones, Governor's Legal Counsel, 617-725-4030 -- I'm sure she'll be able to clarify any issues you may have.

Reply by Korey Humphreys on 4/28/06 7:59pm
Msg #116663

I was thinking of giving her a call n/m

Reply by DonR_NYC on 4/28/06 8:33pm
Msg #116677

No; an Executive Order is not a law. It is a temporary order/rule usually to fill a void until a law is enacted. Remember, an Executive Order can be cancelled anytime by the issuance of another Executive Order; whether by the executive who issued it or their successor.

A law must be presented as a bill, voted upon by the legislative branch of the government, presented to the government's chief executive (President, Governor or Mayor) and signed into law by that chief executive. Sometimes a chief executive vetoes the bill and if the veto is not overturned by the legislative branch the bill dies.

I believe the League of Women Voters has something on their web site on how a bill is made into law; or check any civics book.

Reply by Korey Humphreys on 4/29/06 10:48am
Msg #116766

Thanks Don.....

I'm aware of the process on how a bill is made into law. I was only wondering if a Governor's Executive Order was considered 'the law' meaning that a police officer, for instance, could enforce a violation of the EO.

I thought that an Executive Order was mandatory authority a court must rely on (mandatory authority being the law).

Thanks for your response and clarification.