ILNews

Court orders BMV to hold hearing on whether felon can get ID

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.

Joesph A. Worley filed a lawsuit for declaratory and injunctive relief after the BMV refused to issue him a photo ID under the name he uses. His birth certificate says “Joseph Alan Ivey” but after his mother married his biological father a year later, the Social Security card issued to Worley said “Joesph A. Worley.” He has used that name ever since.

He had been issued a license in the past – it was suspended in the mid-1990s on two occasions for drunken-driving offenses. He was convicted of felony drunk driving in 2007 when he did not have a valid license. In 2011, he attempted to obtain a photo ID and then driver’s license from the BMV. The agency initially refused because the name on his documents didn’t match. Later in the year, he did obtain a photo ID and then a driver’s license, but the BMV shortly thereafter sent a letter seeking he return the license because they were “improperly issued.”

Worley said in his suit that he has not filed for a name change with the courts because of the cost.

“We conclude that his claim was intended to redress Defendant’s conduct, which has effectively impeded his ability to vote, marry, or adopt his natural child,” Judge Sarah Evans Barker wrote in the Oct. 9 order. “The importance of these basic, community-oriented functions cannot be overstated. Thus, we concluded that Mr. Worley’s argument that he has ‘a reasonable expectation [to] be issued a photographic identification card so that he can participate in our democracy on equal terms with other qualified citizens’ has teeth.”

Barker noted that two cases pending on appeal deal with a similar issue, in which two Marion County courts have read I.C. 34-28-1-1 in conjunction with 34-28-2-1 to bar the plaintiffs’ otherwise legitimate petitions for a name change.

“The prescribed state law remedy, although generally acceptable, fails to afford Mr. Worley full protection for important interests,” she wrote.

Barker ordered the BMV to conduct an evidentiary hearing before the Nov. 6 elections. She acknowledged the state agency’s interest in trying to prevent voter fraud, and that at the hearing, it can decide whether Worley’s conduct is fraudulent or otherwise improper.

The case is Joesph A. Worley v. R. Scott Waddell, in his official capacity as Commissioner of the Indiana Bureau of Motor Vehicles, 1:10-CV-1259.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT