Posted by TacomaBoy on 11/18/13 4:53pm
Msg #493183

Jailhouse Marriage

Interesting! I was approached by a hiring client to notarize a document by a man incarcerated in our local county jail. Apparently, the intent of the document was to result in the marriage between the inmate and the hiring client. I looked into the matter and determined the request was not feasible. In fact, the county jail supervisor adamantly forbid me to perform such a service as notarizing a document intended to, somehow, marry an inmate. Presumably, such marriages eliminate the court testimony of spouses, something law officials do not favor. Any similar experiences or thoughts NOT-ROTTERS?

Reply by Linda_H/FL on 11/18/13 5:04pm
Msg #493184

"In fact, the county jail supervisor adamantly forbid me to perform such a service as notarizing a document intended to, somehow, marry an inmate. Presumably, such marriages eliminate the court testimony of spouses, something law officials do not favor"

Is it illegal for inmates to get married? Since when? And does the supervisor have the authority to "forbid" it? I agree they may be skirting testimony - maybe the supervisor knows something you don't - but for him/her to "forbid" you to do it? IMO that hold about as much water as a sieve. Show me the statute that forbids inmates from marrying.

Reply by TacomaBoy on 11/18/13 5:21pm
Msg #493189

I've never seen a document that, with a simple notarization, would result in a legal marriage between two people. Have you? As far as I know, notaries in Washington State cannot perform marriages. I don't think the supervisor can "forbid" a marriage, as much as, making access to inmates so difficult that it's impossible to proceed. The supervisor simply said that the inmate's attorney should perfom any notary services for his client. End of my business at county.

Reply by HSH/WA on 11/18/13 6:47pm
Msg #493198

Re: Could the atty notarizing docs in his

own case be a conflict? Doesn't the atty have an interest in the case?

Reply by BrendaTx on 11/18/13 11:40pm
Msg #493213

Does not work like that for attorneys.

1-Marriages - to my knowledge there is no statute that forbids one who is a retained attorney or family member from presiding over a wedding for a client or other family member.

2-Attorney - Attorneys and their employees can notarize for their clients in Texas, and presumably all other states.

Reply by Linda_H/FL on 11/19/13 6:48am
Msg #493216

I wasn't aware that attorneys could perform marriages. n/m

Reply by BrendaTx on 11/19/13 10:10am
Msg #493238

I was not aware that attorneys could perform marriages.

Linda: Sorry. Via the context of the thread, I thought that we were talking about notaries who could perform marriages, in addition to other notary duties.

I know of no statute that does not allow attorneys to also be notaries.

I have inserted language that will apply both to attorneys and family members. You didn't question "family members," but I will take care of that, too.

As to my suggestion that no conflict of interest exists in the case of marriage by one's attorney or family member, do you have an opinion?

I believe it was Robert that helped me resolve the no issue conflict of interest question at an earlier time.
=====================
QUESTION:
Re: Could the atty notarizing docs in his
Posted by HSH/WA of WA on 11/18/13 6:47pm Msg #493198
own case be a conflict? Doesn't the atty have an interest in the case?

ANSWERS
Does not work like that for attorneys.
Posted by BrendaTx of TX on 11/18/13 11:40pm Msg #493213

1-Marriages - to my knowledge there is no statute that forbids one who is a retained attorney or family member >>[AS LONG AS THEY ARE COMMISSIONED NOTARIES IN A STATE THAT ALLOWS NOTARIES TO PERFORM MARRIAGES]<< from presiding over a wedding for a client or other family member.

2-Attorney - Attorneys and their employees can notarize for their clients in Texas, and presumably all other states.

Reply by HSH/WA on 11/18/13 5:08pm
Msg #493186

Re: It's understandable but still scary

that under certain circumstances the police can dictate who can and can't get married. Did they think you could perform the ceremony?

Reply by LKT/CA on 11/18/13 5:18pm
Msg #493187

My experience in notarizing for inmates is that - upon notary check-in - the desk sargeant looks through *every* sheet of paperwork and says, "This can go in...no that can't go in....<<types something into keyboard, glares at computer screen>>, OH NO !!! this certainly ain't goin' in!!!......yep, this one's okay.

So I let hiring client know what paperwork I could take to the inmate and what I couldn't.

Reply by Buddy Young on 11/18/13 11:06pm
Msg #493208

I had one once, it was a document for them to get a marriage license with the jailbird in absenteeism. No one in the jail even looked at the document unless they did it before I got there.

The pastor was with the lady and they met me at the jail. They were to be married the next day.

I don't think anyone out side the SOS can tell you what you can do and what you can't do.

Yes, I notarized the document.

Reply by Linda_H/FL on 11/19/13 6:51am
Msg #493217

There's no waiting period in CA? There's a 3-day wait

here between issuance of the license and performance of the ceremony.