ILNews

Justices: BMV can require names to match SSA records

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

ADVERTISEMENT