Nebraska judge reinstates charges against notary in medical marijuana petition case
LINCOLN, Neb. (KLKN) — A criminal case involving medical marijuana petitions in Nebraska is back on.
On Tuesday, a judge ruled that a lower court erred when it dismissed 24 misdemeanor charges against a notary public.
In October, Jacy Todd of York was charged in Hall County with official misconduct.
Prosecutors alleged that he violated state law by not being in the presence of petition circulators when he notarized their pages.
SEE ALSO: Nebraska Gov. Jim Pillen signs two proclamations certifying medical marijuana
One of the circulators, Michael Egbert, was found to have falsified dozens of signatures on each of the two medical marijuana petitions.
In November, Hall County Judge Alfred Corey threw out the case against Todd.
He found that notaries are not public servants under state law and therefore can’t be charged with official misconduct.
SEE ALSO: Nebraska Gov. Jim Pillen signs two proclamations certifying medical marijuana
But Hall County District Court Judge Andrew Butler disagreed.
One section of Nebraska law defines a public servant as “any officer or employee of the government, whether elected or appointed.”
Butler pointed to that definition, as well as a clause that says, “Each person appointed as notary public shall hold office for a term of four years.”
SEE ALSO: New lawsuit claims Nebraska’s medical marijuana initiatives are unconstitutional
Butler wrote, “This language clearly shows that a notary public is public servant as an officer.”
He reinstated the charges and ordered that the prosecution proceed in Hall County Court.
Both medical marijuana initiatives — one legalizing medical cannabis and one regulating it — made it onto the ballot.
SEE ALSO: Plaintiff appeals dismissal of fraud case against Nebraska medical marijuana initiatives
Voters gave overwhelming approval to both of them in November.
Later that month, a judge in a separate case ruled that there was not enough fraud or malfeasance to invalidate the petitions.
