The Supreme Court appointed solicitor Jevon Alcock as a notary public, finding that his proposed practice would serve the public interest despite concerns raised by the Faculty of Notaries Public in Ireland about his availability and office arrangements.
In a judgment delivered on 23 January 2015, Chief Justice Susan Denham considered Alcock’s petition for appointment in Dublin, South Dublin, Fingal and Dún Laoghaire–Rathdown, and the counties of Kildare, Wicklow and Meath. The petition was filed on 30 June 2014. The judgment records that Alcock had practised as a solicitor since 2002 in the service of the State at the Chief State Solicitor’s Office, and had a Certificate of Competency from the Faculty.
The Faculty did not challenge his character or qualifications. It initially objected that Alcock had undertaken not to practise as a notary while employed full time by the State. He withdrew that undertaking on 10 July 2014, after consulting the Chief State Solicitor, so the issue no longer arose at the hearing.
The Faculty’s remaining concerns were whether a person whose notarial work would take place alongside full-time employment could provide a sufficient public service, and whether Alcock had a genuine public office that members of the public could access. It submitted that notaries should be regularly engaged in practice to maintain competence and that a public office provides a reliable place for clients and recipients of notarised documents to make enquiries.
Alcock’s employer told the Court that he could meet clients at 121/122 Capel Street, Dublin, during business hours in his own time, and that notarial work would be a separate private practice. The petitioner also said he would work there and at his home in Balbriggan, by appointment, and had arranged insurance. His counsel submitted that he could provide a significant service, including to Spanish speakers and the Mexican community.
The Court accepted that Alcock would provide a significant degree of public service and would be regularly engaged in practice. It noted his knowledge and qualifications, plans for practice, and the potential service to Spanish-speaking people in the areas covered by the petition. The Court also accepted that the Capel Street premises constituted a public office rather than an accommodation address. Availability by appointment did not, in the circumstances, undermine that conclusion.
The Chief Justice said the application turned on its own facts and did not set out a general test for future applications. The Court did not consider the petitioner’s EU and domestic competition law submissions because they were unnecessary to the decision. It concluded that special circumstances had been established, that the public interest would be served, and appointed Alcock a notary public.