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Mother should have used Admin. Rule 9 in attempt to change name anonymously

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The Indiana Court of Appeals upheld the denial of a mother’s request to sidestep the notice requirements in her quest to change her name and the names of her two children anonymously because she wanted to avoid detection from her abusive partner. The appeals court noted that Administrative Rule 9 would have given her the opportunity to proceed anonymously.

Mother Jane Doe fled Missouri to Indiana in an attempt to escape horrible physical and sexual abuse from the father of her youngest child, Baby Doe. She also has another child, referred to as Mary Doe in the court record. Despite protection orders obtained against the father by Doe and the domestic violence shelter where she resided, the father was able to locate her and abduct her twice. His whereabouts are currently unknown.

In an attempt to escape the abuse and prevent the father from finding information about her, Doe petitioned to change the names of herself and her two children. She wants to sidestep I.C. 34-28-2-3, which requires all name change petitions published in a nearby newspaper, and proceed anonymously. The trial court suggested utilizing Administrative Rule 9 to admit important information into the record while still protecting their identities, but that rule was not used. As a result, the trial court denied the petition.

“Because the Appellants did not utilize the procedures outlined in Rule 9, the outcome of such proceedings is conjecture. Nevertheless, it is fairly likely that some, if not much of their evidence concerning the protective orders, domestic violence, and DCS proceedings, would have been protected from public access under Rule 9,” Judge John Baker wrote in In Re: the Name Change of Jane Doe, Petitioner, Mary Doe, a Minor, and Baby Doe, a Minor, 49A02-1211-MI-894.

“And while Mother’s desire to change her and her children’s name would have indeed proved more difficult in the absence of publication, Rule 9(H) may have provided the relief and protection that Mother so desperately seeks. To be sure, the Commentary to Rule 9(A) speaks volumes: ‘there are times when access to information may lead to, or increase the risk of, harm to individuals.’ However, that said, in light of the record with which we are presented and the current state of the law, we are compelled to uphold the trial court’s denial of the Appellants’ petition for name change,” Baker wrote.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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