I think that the Judge should have refused to swear the oath until he heard evidence of Obama eligibility to office. Simple and honest, really.
Under what circumstances may a notary refuse to notarize a document?As a public officer, a notary should perform any notarial power to any individual who makes a reasonable and lawful request for notarization. A notary may, however, refuse to notarize a document if the notarization would result in an illegal or improper act or the notary knows that the transaction is fraudulent.
http://www.sos.state.md.us/Notary/FAQ.aspx#refuse