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Posted by FlaNotary2 on 7/25/11 10:09am
You have to ask yourself - what would a judge think? IMO - if your defense to the judge for a wrongdoing was the California-cliche "I can't refuse a notarial service!", the judge would smack his gavel down on you faster than you can say jurat.
I understand you have a legal obligation to provide services to the public, but it is just like when the county recorder refuses a deed because the seal isn't clear... the recorder is a ministerial official, just like the notary. They can not legally determine what is or isn't a "legally executed" document - however, for the sake of maintaining the integrity of their records they do need to make some executive decisions.
I have never used a CW and never would except in very extreme, limiting circumstances. The #1 goal of notaries is to prevent fraud, and allowing questionable CW practices under the "I can't refuse a notarial service!" excuse will not look good to a judge IMO.
I'm not blaming you, Marian - I think the California SOS makes its own interpretations of notarial law that belittle the notary's authority and responsibility. I would like to see Califiornia's Atty General thoroughly review the SOS' notary handbook, because I guarantee they would find a great deal of questionable advice. |
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