Thumbprint in Journal Archives - Notary Blog - Signing Tips, Marketing Tips, General Notary Advice - 123notary.com
123Notary

Notary Blog – Signing Tips, Marketing Tips, General Notary Advice – 123notary.com Control Panel

September 30, 2016

Notary Jury Duty 2

The original dated January 6th ended up in a mistrial.

A group of Notaries was subpoened to be on the jury of a heavy duty murder case. The actual details of the murder were very peculiar though.

An actual Notary was hired to witness the murder. But, the Notary needed to reschedule the murder so it could be on the same date as the document which the Attorney needed another day to draft. So, the murderer said,

MURDERER: Okay, no problem, I can come back tomorrow. I’m available the whole day as a matter of fact. I’m good at killing time too as a matter of fact.

MURDER VICTIM: Gee, I’m not sure that tomorrow’s convenient for me. And by the way, you’re really killing my schedule by moving the murder to tomorrow.

NOTARY: My Attorney says the murder documents will be ready by 1pm.

MURDERER: Now, wait a second. If I’m going to commit a murder, wouldn’t it be better if there were no witnesses?

NOTARY: Well, technically yes, but since being a witness is an integral part of my profession, I’d kind of prefer to be involved in watching the prodeedings.

MURDER VICTIM: You know, I’d be a whole lot more comfortable with that too. Considering that after the fact, there would be some testimony on my behalf.

MURDERER: After the fact? There ain’t after the fact, at least not for you’s.

During Jury Selection
The prosecuting Attorney originally wanted to remove any Notaries from the Jury due to the fact that they might be biased for the Notary — or against the Notary since the Notary made some technical mistakes. But, then he changed his mind as only a Notary would be familiar enough with the circumstances of the crime to be a good juror. So, he and the defending Attorney both agreed to pick only Notaries in the jury.

In the actual murder, the murderer signed a pre-confession affidavit in front of the Notary admitting to being about to kill the victim. The victim also signed and dated the form using his own blood in a fountain pen. Fortunately, the victim showed in a timely manner for the murder, otherwise the murder date would not have coincided with the date of the freshly drafted document. Since the victim was chained to the toilet in the bathroom, so he had no choice other than to be on time. The Notary found it suitable for the victim to be chained to the toilet as the victim was a “regular” client.

The murderer, however, used a fake ID during the signing and did not thumbprint the journal, and then proceeded to murder the victim as well as the Notary. That’ll teach him to notarize at murders! Since the documents had fake names on them, the only way to identify the murderer was with DNA samples.

Trial Introduction
The judge informed the Notaries that it would be a 17 day trial involving professional witnesses, DNA experts, and neighbors who were witnesses as well as a clairvoyant who would interview the deceased Notary who was the primary witness even though that evidence was not admissable in court. The Notaries asked if they could have walk-in clients come during the trial so they could make a little extra money above and beyond the 31 cents per mile travel allowance. The judge said yes if he got 50% of the proceeds.

The Trial
The trial ended because another Notary waiting by the door. Aparantly the signing company double booked the appointment, and Notary #2 was just waiting by the door and heard everything. Additionally, Notary #2 saw the murderer come down the stairs and out the door with blood on his hands and was able to positively identify the perpetrator. So, the trial ended after 8 days due to this Notarial witness who appeared out of nowhere.

The Ending
Although the Notaries all agreed that the murderer was guilty, the murderer became a huge celebrity and posts about him went viral. Suddenly everybody in America wanted his autograph. But, did the autograph need to be notarized?

You might also like:

Notary Jury Duty (origional)
http://blog.123notary.com/?p=15838

Noternity Court
http://blog.123notary.com/?p=14091

Share
>

November 12, 2011

Texas Notary Law and Journal Thumbprints

Notary Public Texas: Texas Notary Public Law and Journal Thumbprints
 
I am a person who likes to take precautions. Life is more fun when you have less disasters, right? Disasters are more likely to happen when you don’t take precautions, right?  Today, I was visiting our Facebook profile, which I generally do every day or two.  I notice an interesting response to one of my posts about how essential journal thumbprints are for your safety as a notary public in any state!  However, one lady wrote that the National Notary Association now counsels Texas Notary Public members (Texas notaries who are clients of the National Notary Association) NOT to take journal thumbprints due to house bill 3186.  This notary claims that the mentioned bill states that a biometric identifier (such as thumbprints captured for a commercial purpose may be disclosed only under certain circumstances and must destroyed within a certain amount of time.
 
I am not sure if I agree with the National Notary Association on this one.  But, on the other hand I am not an attorney and don’t give legal advice. I will say this though:
 
(1) If you are a notary in Texas, or any other state, and one of your signers is accused of identity fraud or forging a signature, without a thumbprint, you can not prove that they were the one that really appeared before you.  Picture identification is really easy to fake.  China has many experts who will sell you a professionally made fake for US$200.  You might end up in court for a week because you didn’t have a journal thumbprint.
 
(2) Thumbprints in journals are NOT taken for commercial purposes, but are part of a notary public’s official job in their official capacity. Notaries are offering a service which they may or may not be charging for, and the thumbprint is only a security measure used in conjunction with the service. Nobody is “Selling” a thumbprint in the notary public business. 
 
(3) A notary journal is the EXCLUSIVE property of the notary in Texas and in any other state that allows Journals.  Only people making inquiries about particular notarizations may  have access to a particular journal entry and this qualifies as disclosure only under certain circumstances.
 
(4) As far as destroying journal thumbprints, that is up to the county recorder who receives your journals at the end of your term. It is THEIR property when you end your term, and up to them what to do with the thumbprints.  Keeping thumbprint records during your term seems legal unless a specific law says you can’t keep them this long.  The thumbprints are to protect the public from fraud and are not used frivolously or shared with the public in any way.
 
In any case, if you are a Texas notary public, you need to be familiar with the notary laws of Texas, and that is your responsibility. Please take my commentary as opinions, because that is exactly what they are.

Share
>