"To Whom Much Is Given, Much is Required" - Except for Alabama Notaries

As a rule, I try and keep religion and business separate. It was advice given to me years ago, and it's served me well so far.  Although the lines between religion and business are often blurred here in the Bible Belt, I tend to err on the side of caution and keep the two separate.  But today I feel a need to venture into grey matter and quote a familiar Bible text:  Luke 12:48, KJV.

"But he that knew not, and did commit things worthy of stripes,
shall be beaten with few stripes.
For unto whomsoever much is given, of him shall much be required:
and to whom men have committed much, of him they will ask the more".

In my family, when the elders quoted this text, it served as a reminder that a three-year old cousin might be excused for throwing a tempter tantrum in church, but don't let a thirteen year old try it.   This text served another purpose.  Those of us with talents like singing, playing an instrument, or having keen memorization abilities, were expected to use our "God-given-gifts" at church, school and in the community.  To do otherwise would be considered dishonorable, and, yes, a sin.

So what does this have to do with notaries?  Hear me out.

Being a Notary in any state brings with it a lot of responsibility. A notary's signature and stamp on a piece of paper carries a lot of weight.  Depending on where you live, it's required to adopt a child and give up a child. Going on vacation?  If both parents aren't traveling and trip is to take Little Bobby outside the U.S.?  You need a notary.  Selling a car or a house?  Notary.  Wills, Affidavits, Power of Attorney. Dial 1-800-Notary. Birth, Marriage and Death Certificates all require a notary's stamp. I'm serious. Take a look at yours. And the list goes on.

So, how does the notary learn the proper steps to follow when executing his/her duties?  Well, in Alabama that's left entirely up to the Notary.  Alabama doesn't require any training.  Nope.  None. Nada.  No kidding.  Some notary's look for training online or locally.  Others ask other notaries what to do.  And a few just wing it. I'm not making this up.

And how do Alabama Residents know for sure whether the notary they go to knows what he/she is doing? Most won't know until it's time to execute the form, and sometimes that's too late.  How do I know all of this?  Because not only am I an Alabama Notary, but I also need my signature notarized on documents from time to time.  I cringe when a Notary fails to place me under oath even though the form requires it.  More than once I've had to tell the notary what information should be printed by him/her on the blank lines of the notary certificate.  Talk about awkward. Why give a person's position so much authority and not require training is beyond me.

Christ is speaking in Luke 12:48 and He suggests mercy will be shown to the sinner who unknowingly errs.  I hope when a notary's mistake comes to light, the Alabama's judicial system will be equally merciful.

Two years ago, The Alabama Code - Notary Section was amended (SB54, enacted in January 2012 ). Among other things, it increased the notary fee from fifty cents to five dollars. A step in the right direction, right?  But, wait.  SB 54 also did away with the requirement to have notaries maintain a record/journal of documents they notarize, and the name of the person(s) signing the form.  One step forward and two steps back. SMH.

Apparently, the wheels of Alabama's justice system seem to be turning quite nicely despite the lack of notary training.  I have not heard of any major problems in the News.  Have you?  So maybe I'm making a big deal for no reason. But if other states see the need to require training, or at least provide notaries with an instructional handbook, why not Alabama?  I'm just saying.

To whom much is given, much is required?  Ummm...I don't know.  Maybe.  But when it comes to notaries, I guess it depends on which state you reside.

To Journal or Not To Journal? That Is The Question.

At least that's the question every Alabama Notary must answer for him and herself.  Why?  You think the answer is obvious, right?  Well, it isn't in the State of Alabama.  You see, in Alabama, the Notary's role and responsibilities are outlined in the Code of Alabama.  And it doesn't matter whether you read the Code from ten years ago, or the Code as it is today after several changes, you won't find any mention of a Notary Journal being a requirement.  Whether this is an oversight on lawmakers' part, or not, many Notaries interpret this to mean that keeping a journal of their acts isn't require, or optional, at best.

When looking to notary laws in states like California, Maryland, New York, it's clear that a Journal is required.  Even our notary neighbors in Mississippi have rules that address journal keeping.  So you see, it isn't another one of those North vs. South things at all.  Mind you, Alabama isn't the only state that doesn't require its notaries to record their activities.  Lawmakers in the State of Florida have been considering making journals a requirement (HB 0407).  As of two weeks ago, it was announced that HB 0407 died before reaching the senate floor.  Ask Florida Notaries how they feel about the matter, and they seemed to be split - some for the requirement and others against it for different reasons.

For members of Notaries for Alabama, maintaining an official record of our actions makes good sense.  It is considered to be an industry best practice by the nation's largest notary association, the National Notary Association (NNA).  In their booklet, 12 Steps to a Flawless Notarization, the NNA writes, "A detailed journal of notarial acts is the Notary's best defense against lawsuits, because it can prove that Notary used reasonable care" (Page 34).

If this were a research paper I would need to go into explaining what reasonable care is...yada, yada.  But it isn't.  This is a blog and I've written way more than I had intended to write already.  Personally, on two separate occasions, I believe my Journal kept me from having to testify in court when documents notarized by me were later contested by the signer's family members.  My journal reminded me of the date, time, document, notarial act, and signer identification info.  For one entry, I had even included notes of comments made by the signer that reassured me, at the time, that he knew full well what he was doing.  Once I shared this information with the attorneys, in writing and verbally, it was decided there was no need for me to appear in person for any other part of the hearings.

Maintaining a Journal causes the notary to slow down and record information each time he/she applies the seal to a document.  It prompts or reminds the notary to examine the signer's identification and record the the ID #. The journal prompts notaries to indicate whether the act he/she is performing is a Jurat or Acknowledgement - which in turn serves as a reminder (when appropriate) to place the signer under Oath. Trust me, I had no desire to spend time at a courthouse, sitting in a witness chair answering questions about an appointment that happened nearly a year earlier.

A Journal is one of the first things that the Notary's insurance company will ask about when it receives a claim naming the Notary in a lawsuit.  Members of Notaries for Alabama will learn more about this on September 18th when a representative from an Alabama insurance agency will speak to the group on "Notary Bond and Error and Omissions Insurance:  What Every Notary Should Know, But Doesn't".

For me, the decision is an easy one.  I've never been one to gamble and my luck so far has been mediocre.  I will continue to maintain a Journal whether the State of Alabama requires it or not.  Notaries for Alabama considers journalkeeping to be a wise decision and it is strongly encouraged.  This is what we teach in our training classes (Notary Basics:  Training for Alabama Notaries).  This is what we promote each and every time we have the opportunity to do so.  What's your decision?

If you're an Alabama Notary and would like to attend our networking meetings in and around central Alabama, or learn more about proper notarization techniques through formal training, contact our group by visiting our websites, or by calling or emailing us:  (205) 626-9399 and Notaries4Alabama@Gmail.com. We'd love to connect with you.  You can also find us on Twitter, Facebook and Google+.

Do you know an Alabama Notary who could benefit from training?  If so, Notary Basics:  Training for Alabama Notaries will be conducted on Friday, June 27th from 10:00 am to 2:00 pm at the Homewood Public Library.  The fee is $35.  For more information or to register, send us an email or check us out here.