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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT