The Negligent Notary Public–Employee: Is His Employer Liable?

The State of Nebraska, like most states, has commissioned a remarkably large number of individuals as notaries public. However, few, if any, of them are exclusively notaries; in fact, most are employed by some form of business enterprise. It would appear that the relationship created by the private employment of individuals who are, in one sense, public officials, has escaped both attention and careful analysis. This article discusses three groups of problems inherent in such a relationship.

Of primary concern is the general nature and scope of the notary's duty. Of nearly equal importance is the question of whether a notary should properly be classified as a ministerial officer or as a quasi-judicial officer. Finally attention is given to the possible theories for holding the negligent notary's employer liable.