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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. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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