ILNews

Court split over valid ID requirement for name change

Back to TopCommentsE-mailPrintBookmark and Share

The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.

John William Resnover and John Arthur Herron, both in their 70s, filed petitions in Marion Circuit Court to change their names to the ones they used after discovering different names on their birth certificates. Resnover’s birth certificate lists his name as John Willie Cheatham; Herron’s lists his name as “Infant Male Payne.” Resnover received an Indiana driver’s license, Social Security card and pension using the Resnover name, and didn’t discover the name discrepancy until his license expired and he tried renewing it.

Herron never received a driver’s license or ID card, but did obtain a Social Security card and selective service card identifying him as Herron. His criminal record also lists him as Herron. He did not discover the name discrepancy until he went to apply for Medicaid.

Both men petitioned for name changes, and the Circuit Court denied the requests. Judge Louis Rosenberg reasoned that neither man provided a valid driver’s license or Indiana-issued ID card.

In In Re the Name Change of John William Resnover and In Re the Name Change of John Arthur Herron, 49A02-1205-MI-364, the Court of Appeals looked at I.C. 34-28-2-2 and decided based on the language that all is required is a valid driver’s license or ID number, not an actual card. The statute stipulates the inclusion of the number for a petition for name change. This will allow Resnover the ability to petition for his name change since he has had a valid license in the past and a unique number assigned to him, Judge Patricia Riley wrote.

But Herron’s case is more challenging because he never had a state-issued driver’s license or ID. He asked the court to interpret the “if applicable” phrase in the statute to mean that one has to present a valid license or ID if one is available. The state, as an amicus, opposed this interpretation, claiming it would “gut the statute” and make requirements of subsection 2.5 discretionary.

Judge Terry Crone agreed with the state on this point and believed that Herron should obtain a license or ID using the name on his birth certificate, and then petition to have his named changed to the one he has used his entire life.

But Riley and Judge L. Mark Bailey interpreted the “if applicable” language to indicate that if the required documentation outlined in subsection 2.5 can’t be submitted to the court, the petitioner is relieved from the necessity to produce the documents.

The majority remanded for further proceedings.

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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

ADVERTISEMENT