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Nevada Notaries and Cammo Dude Deputies

Date: Tue, 29 Jul 1997 20:25:49 -0400 (EDT)
Subject: Nevada Notary on Cammo Dude Roster
Regarding: http://www.ufomind.com/area51/desert_rat/1996/dr35/dudes.shtml
From: [withheld]

I wanted to clerify a few statements you made in this page (Cammo Dude
Roster,) regarding the use of notaries from outside of Lincoln County
in administering an oath for these "Special Deputy Sheriffs."

Myself, a commissioned notary public in Clark County, have had
questions regarding what powers, limitations, and jurisdiction a
notary has.  In an attempt to help me in this pursuit I subscribe to
magazines and have enlisted as a member of the National Notary
Association (NNA).

Please note, I am not a lawyer, nor do I profess to know the limits of
the laws of this state.  Please use these comments as a guide in your
search for more information through other sources.

A Nevada notary public can perform notarial acts in any county in the
state, not just in the county he/she is commissioned in.  If I
happened to be passing through Lincoln County, and I was asked to
administer an oath to deputize someone, I could do so.  I would need
to see their ID, and they would need to sign an entry in my logbook,
which every notary in Nevada is required to do. {NRS 240.120}

Once administered, I assume the notary would sign and seal a document
containing the text of the oath given to the individual.  Contained on
the document would be a "venue," which is merely the State and County
in which the act was performed  The document would then be taken to
the County Recorder (in this case, Lincoln County,) to be properly
admitted into the public record.

As far as legality goes, a notarization by a Clark County notary is as
good in Lincoln County as one by a Lincoln County notary.  An
explanation might be that the notary resides in Clark County, but is
employed in Lincoln County (notary is commissioned in the county
he/she resides, not his/her county of employment. {NRS 240.030 þþ4})
Hint, hint...

The notary journal mentioned above is a public record, and may be
available for public inspection during "the hours [the notary] would
normally be at work" (cited from the official 1995 State of Nevada
Notary Handbook. p.12)  The handbook also says that "anyone can
inspect [the notary's] journal" (ibid.)

If you can ever find these notaries public, they would be required to
present to you the journal for inspection.  A notary is required to
safeguard the journal (i.e. from theft,) so they may ask you some
questions.  The NNA suggests that a notary ask for ID when someone
request to look at the journal.  There may be other limitations, but
the notary cannot barr you from viewing the information you are
looking for, if it exists (see next paragraph.)

The 1995 state legislature enacted Assembly Bill 280 (1995 AB 280), in
which, among other things, made keeping a journal a requirement, and
required each act performed to have an entry in the journal.
Unfortunately, these notarizations you are talking about were
performed before the law went into effect (on or about 1 October
1995,) so the entries you may be looking for may very well not exist,
but it might be worth a shot.

Please note also that Senate Bill 346 (1997 SB 346,) involving even
more changes to Nevada's notary laws, passed the legislature this year
and Gov. Miller is expected to sign it.  When it is scheduled to take
effect (on 1 October 1997) it may change these laws above even
further.

Please note once again that I am not an attorney in the State of
Nevada, nor am I licensed to give legal advice.  Please confirm all of
these facts from other sources, which should not be too difficult
(after all, I found most of it in printed matter the State gave me!
:-)  )  Also, if you plan to use any of this information is any legal
proceeding (perhaps to access a publically recorded document,) please
seek the advice of an attorney (actually, that is the only legal
advice I am allowed to give. ;-)   )


Index: Cammo Dudes