New York State Bar criticizes Gov. Hochul’s veto of notary reform bill

November 26, 2024 Robert Abruzzese, Courthouse Editor

Domenick Napoletano, president of the New York State Bar Association, addressed the need to reform notary rules, criticizing Gov. Hochul’s veto of a bill aimed at reducing unnecessary burdens on attorneys and protecting client confidentiality. Brooklyn Eagle photo by Rob Abruzzese

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The New York State Bar Association has expressed disappointment over Gov. Kathy Hochul’s veto of a bill aimed at reducing administrative burdens on notaries public, particularly those performing non-electronic notarizations.

Domenick Napoletano, president of the NYSBA, criticized the decision, arguing that the current rules impose unnecessary record-keeping requirements on attorneys while failing to offer tangible benefits.

“For more than a century, New Yorkers commissioned as notaries public have been able to effectively implement their responsibilities — simply noting their name and notary identification number when doing so,” Napoletano stated. He explained that new standards were understandably introduced to govern electronic notarizations, which rely on advanced technology and pose heightened risks of fraud. However, he said, there was no justification for applying similar standards to traditional, in-person notarizations.

According to Napoletano, the regulations adopted by the state in conjunction with electronic notarization rules require lawyers to maintain extensive records for in-person notarizations. These additional requirements create inefficiencies in legal practices and potentially infringe on attorney-client privilege.

“The disclosure aspect of the superfluous rules also encroach on attorney-client privilege, as lawyers often notarize documents by clients that contain privileged information,” he said.

The vetoed bill sought to reverse these requirements for non-electronic notarizations. Napoletano noted that the NYSBA plans to continue advocating for changes to these rules, which he described as unnecessary and detrimental to both lawyers and their clients.

The NYSBA had rallied significant support for the bill, generating more than 1,500 letters from members urging the legislature and the governor to enact the reform. Additionally, the association’s Task Force on Notarization concluded in its April 2023 report that the new rules were unnecessary for attorneys, who are already governed by professional conduct standards.

The NYSBA argues that the current record-keeping rules increase the cost of legal and consumer transactions, creating financial burdens for New Yorkers.