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Justices: BMV can require names to match SSA records

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The trial court was correct to find that the public interest in preventing fraudulent use of driver’s licenses trumps some people’s desire to have their commonly used names on their licenses, the Indiana Supreme Court ruled today.

Attorney Lyn Leone and others who received letters from the Indiana Bureau of Motor Vehicles alerting them that their names didn’t match records on file with the Social Security Administration sued to prevent the BMV from invalidating their licenses until the names matched in both agencies’ records. They claimed the BMV overstepped its statutory authority by redefining the meaning of “legal name” to exclude anything but that which is on file with the SSA. The trial court denied their preliminary injunction; the Indiana Court of Appeals granted a preliminary injunction as a stay, pending appeal.

In Lyn Leone, et al. v. Commissioner, BMV, No. 49S02-0910-CV-505, the justices dissolved that preliminary injunction, finding that those people whose names in BMV and SSA records don’t match could rectify the matter by just making sure the records match. They could do so by changing their licenses to reflect the same name on record with the SSA, or they could change their name with the SSA.

Under common law, a person may lawfully change his or her name without resorting to any legal proceedings where it doesn’t interfere with the rights of others and isn’t done for a fraudulent purpose. Indiana has required courts to effect a name change, and based on In re Hauptly, 262 Ind. 150, 312 N.E.2d 857 (1974), courts must grant a name change where no evidence of fraud exists, but this doesn’t mean the state has to recognize an informal common-law name change, wrote Chief Justice Randall T. Shepard.

“The modern tendency toward use of government-issued identification in both private and public settings may shrink the field governed by the common law, but both common law and statutory processes have long coexisted with respect to names, as they do in other fields of law. Statutes obliging citizens to engage in some formality when they invoke government processes by applying for benefits or identification cards neither obliterate common-law usage nor are they driven by them,” he wrote.

Also, the SSA has become the “custodian” of basic identifying information and almost all state governments rely on this information to verify identities, he continued. The BMV is within its authority to depend on the SSA to maintain verifiable names since the General Assembly requires a name and Social Security number to receive a license.

The justices also ruled the plaintiffs’ due process rights weren’t violated. The letters they received from the BMV regarding the name discrepancies told them there was a name change, that the situation needed to be rectified, what documents were needed to fix the problem, and barring that, licenses would be revoked. They also agreed that Indiana has legitimate interests in both the integrity of its records and in protecting its citizens against fraud and identity theft.

“We cannot say that the Bureau’s requirement that Appellants, at most, petition for a name change, take the court order to Social Security for a change in its records, and provide the Bureau documentation of Social Security’s change constitutes a burden so unreasonable as to be unconstitutional. The arrangement does rationally advance the legitimate state interest of preventing identity theft. Whether it might if harshly administered run afoul of due process is a question for another day,” wrote the chief justice.
 

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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