Bernd

Plaintiff Betty E. Bernd appeals from a judgment denying her petition for a writ of mandate seeking to set aside an administrative decision suspending her notary public commission for a period of six months. The commissioning authority, respondent Secretary of State, based its disciplinary action on plaintiffs failure to “fully and faithfully discharge” the duties required of a notary public. (Gov. Code, § 8214.1, subd. (d).) Resolution of the case depends upon statutory interpretation: whether plaintiffs negligent failure to read a certificate of acknowledgment before signing it, resulting in a false certification, constituted a failure to fully and faithfully discharge a notary’s duties.

PlaintifFs version of the facts are uncontrqverted. She is an escrow officer at the Inter-County Title Company ih Placerville, California, and has held a notary public commission for consecutive terms since 1952.

On October 1, 1973, plaintiff certified, in her capacity as a notary, to Frank L. Banks personally appearing before her and acknowledging his execution of a “Notice of Additional Advance Under Deed of Trust.” This certificate of acknowledgment was false. Mr. Banks did not…