A notary is a solicitor or barrister who provides legal services to the public on non-contentious matters such as drawing up power of attorney and authenticating documents.
Jevon Alcock, a solicitor in the Chief State Solicitor's office, had sought appointment but the Faculty of Notaries Public in Ireland, which regulates the profession, raised concerns.
He argued that unlike a garda or a teacher, he is one of a category of professionals who work for the State but are not public servants.
The Faculty said however that given his position he would be unable to practise as a notary for the foreseeable future and this was a bar to his appointment.
Mr Alcock, who is married to a Mexican national and wants to provide a notary service in particular for the Spanish speaking community, appealed that decision to Chief Justice Denham whose role includes the formal appointment of notaries.
Today, Ms Justice Denham said while the concerns of the Faculty were made bona fide, she was satisfied they had been addressed and, in the special circumstances of this case, she was appointing Mr Alcock.
The judge said there was a significant change after Mr Alcock made his application when Chief State Solicitor Eileen Creedon wrote saying she had no objection to him being appointed a notary.
Mr Alcock claimed he was entitled under EU and domestic competition law to provide the service.
The Faculty was concerned about the proliferation of appointees who may view the service as an after-hours ancillary occupation.
It also questioned whether it was in the public interest to appoint a "spare time appointee". It was a matter of common sense that a solicitor in full time employment will not objectively be in a position to commit to a significant degree of public service as a notary, it argued.
Mr Alcock's side took exception to the "spare time appointee" concept and said notaries are paid for what they do.
It was also argued the Faculty was seeking to confine appointments to solicitors in full time practice. He would do notary work in his own time during the day and at weekends and he could give a significant degree of public service.
Ms Justice Denham said she was satisfied there was no risk of proliferation of "after hours" appointees and she was satisfied Mr Alock would be committed to a significant degree of public service.
In the absence of statutory regulation, she was not setting out a general test to be met but rather taking into consideration the facts and circumstances of each case based on established jurisprudence.
She noted Mr Alcock had said he has retained office space for his work as a notary in Capel Street, Dublin, and would also be available at his Dublin home.