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2024 Op. La. Att'y Gen. 1 (2024)

handle is hein.sag/sagla2024 and id is 1 raw text is: State of Louisiana DEPARTMENT OF JUSTICE A r s W~CIVIL DIVISION P.O. BOX 94005 BATON ROUGE 70804-9005 Jeff Landry Attorney General January 4, 2024 OPINION 23-0111 The Honorable R. Kyle Ardoin 73 NOTARIES - Appointments & Qualifications Louisiana Secretary of State La. Const. art. 1, §10.1 La. Const..art. IV, § 5 P.O. Box 94125 La. R.S. 15:572 La. R.S. 35:191 Baton Rouge, LA 70804-9125 La. R.S. 35:15 La. R.S. 35:391 La. R.S. 35:16 La. R.S. 35:602 A person who has been convicted of a felony may not be a notary public regardless of the jurisdiction of conviction unless that person has received a pardon for the conviction. Dear Secretary Ardoin: Our office received your request for an opinion regarding whether a Louisiana notary public, who moved to the state of Georgia and while living there was convicted of a felony in that state, would be eligible for a notary commission upon his return to Louisiana without a gubernatorial pardon. You indicated that the Governor of Georgia does not have the ability to grant pardons at all because that authority is entrusted to the Georgia Board of Pardons and Paroles. As you wrote in your request, our office previously opined that when a notary public is no longer domiciled in the parish of his commission, or moves out of state, he or she ipso facto resigns his or her commission.1 Louisiana notaries public are appointed by the Governor, by and with the advice and consent of the Senate. La. R.S. 35:1 and 191. A notary public is a public official. See Succession of Michel, 225 So. 2d 480, 484 (La. Ct. App. 1969). Our office has previously opined that a notarial commission is an appointment of honor, trust, or profit. See La. Atty. Gen. Op. No. 23-0002. Therefore, the appointment of notaries public implicates the following constitutional and statutory provisions with respect to felony convictions. Louisiana Constitution art. 1, §10.1 provides, in pertinent part, that: Section 10.1. (A) Disqualification. The following persons shall not be permitted to qualify as a candidate for elective public office or hold elective public office or appointment of honor, trust, or profit in this state: (1) A person actually under an order of imprisonment for conviction of a felony. (2) A person who has been convicted within this state of a felony and who has exhausted all legal remedies, or who has been convicted under the laws 1 Louisiana Attorney General Opinion Nos. 77-1341 (when a notary no longer maintains residence or office in the parish where he is a notary public, he ipso facto relinquishes his commission); 77-1618 (when a notary changes his domicile to a State other than Louisiana, he ipso facto resigns his commission).

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