Letter: Create new class of notaries public

Ms. Addington will hopefully someday understand the fundamental differences between common-law notaries and civil law notaries as we have in Louisiana. I've never seen it better articulated than by the court in Rochereau v. Jones, La.Ann. 82,86 (1877): "High and important functions are intrusted to notaries; they are invested with grave and extensive duties; they are charged with the solemn preparation of the authentic evidence of our transactions, of last wills, of those titles which pass from one generation to another. Their responsibility is as high as their trust . . .. I hope Ms. Addington gets it, and obtains a commission in this state, and realizes what she, and her boss, will have when she achieves her objective. Alan Jennings Legislative and Governmental Affairs Liaison Louisiana Notary Association

Ms. Addington, are you aware that when you pass a notarial act that any recitations in that act are the recitations of the notary, and not those of some undisclosed drafter of the instrument? Do you really want to have the power to sign those recitations without having to have the competence to understand what you have recited and placed on the public record? In West Virginia, like all common-law states, your only duty was to confirm the identity of the signer. But in Louisiana, you can be held responsible for false recitations in an instrument. A Louisiana notarial act is a notary’s recitation of the circumstances under which constituents appeared before him. It is the notary’s recitation of the declarations they made to him. It is the notary’s duty and responsibility to ensure that everything the notary writes correctly represents what happened in his presence. Do you really want to be signing notarial instruments without being able to understand what you, by signing, have said? Senator McPherson’s bill will not do anything for you. It only helps attorneys escape responsibility and personal liability for the instruments they prepare and have YOU “notarize.” Mr. McPherson did not write his bill. He authorized a member of the senate legislative staff to draft the bill to the specifications of his constituent, an attorney in Alexandria, whose obvious goal is to shield himself from personal malfeasance and malpractice claims by being able to have a secretary “notarize” the documents he prepares. Truly, you don’t want to set yourself up to be used by your boss in that manner. If you don’t want to prepare yourself and obtain a regular commission as a notary, then don’t. Let your boss sign his own instruments, and you can just be one of the witnesses when required.

Ms. Addington, congradulations to you for pointing out that what we as Notary's in Louisiana can do more than just witness a signature. It is a great privialge that must be earned through hard work and dedication to become a Civil Law Notary Public. I feel as though it is a priviage that I can serve my community with acknowledge of preparing legal documents. I feel as though the SB227 would cause a great conflict among those of us that were competent enough to pass the Notarial Exam. I wish you all the luck in the world and I hope you to will pass the exam. I believe that the few who passes have earned the right and those who did not, I hope they continue to study and try even harder. I ,as a Notary realize that what I do, sign and prepare each day is a sign of trust that my customers have instilled in me. I believe that SB227 would allow Buisness Notary's to perform Acts that only Attorney's or Notary's should be preparing.