The New York Legal Services Coalition, a group including public defenders, advocates and pro bono arms of attorney groups hailed Wednesday's passage of Senate Bill 5162 as a major access-to-justice victory, in particular for low-income litigants who faced barriers in complying with the notarization process.
Under current state law, litigants in civil proceedings must get their documents notarized by a notary public before being able to file them in court. Exceptions applied only to certain licensed professionals such as attorneys and dentists who can instead submit affidavits.
The bill, which passed with overwhelming support in the state's Assembly last week and now awaits the signature of Gov. Kathy Hochul, would remove that requirement altogether.
If signed into law, it would make New York one of the over 20 states and the federal government that require litigants only to swear to a statement under penalty of perjury without having to notarize documents.
"This bill removes barriers to justice for many thousands of New Yorkers involved in civil cases every year," Tina Monshipour Foster, the board president of the NY Legal Services Coalition, said in a statement. "Requiring documents in civil proceedings to be notarized creates a barrier that disproportionately impacts low-income and unrepresented individuals, especially in communities of color, with no notable benefit for the justice system."
In a statement urging Hochul to sign the bill into law, the Legal Aid Society of New York said the legislation would benefit all litigants and help correct a policy that created barriers for people with lower incomes, many of whom are people of color.
"Litigants who do not have a lawyer have to pay a notarization fee, spend time and money to find a notary, take time off work, and travel to the notary," the organization said. "We have long known that the notarization process is overly onerous, especially for New Yorkers with limited means. The removal of this requirement will dramatically increase access to justice for all New Yorkers, regardless of their socioeconomic status or background."
Sen. Brad Hoylman-Sigal, a Democrat who introduced the bill in the state Senate, said in a statement that "it's past time" that New York follows other states in reforming the notarization process.
"New York is one step closer to making our court processes less burdensome and more equitable for all," he said.
Assembly member Charles Lavine, who sponsored the companion bill in the state Assembly, said the legislation will help litigants who struggle financially.
"In these times of great economic uncertainty caused by the pandemic, it will undoubtedly help New Yorkers by relieving them from an undue financial burden," he said.
The Permanent Commission on Access to Justice, which reports directly to New York's chief judge, recommended in its three-latest reports that the notary requirement be eliminated. The New York State Bar Association supported that recommendation each time.
Supporters of the bill argue that there is no evidence that notarization increases the truth of statements made in legal documents. Meanwhile, they say, the notarization requirement disadvantages poor people and those with limited access to public transportation and technology.
Notarization done remotely, which the state began to allow during the COVID-19 pandemic, can cost up to $25 for each document.
The Legal Aid Society said in its statement that electronic notarization widened the justice gap among litigants, because only people who have access to the internet and are digitally literate can use it.
"Requiring a notary disproportionately affects low-income and unrepresented individuals, especially communities of color, and deepens the digital divide," the organization said.
--Editing by Rich Mills.
For a reprint of this article, please contact reprints@law360.com.
