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Public interest in reducing poverty is grounds for application of doctrine of laches

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In overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges conflicts with the public’s interest in reducing poverty.

The Indiana Court of Appeals Wednesday reversed the trial court’s denial of a request for a preliminary injunction and remanded for further proceedings in Leslee Orndorff v. Indiana Bureau of Motor Vehilces, R. Scott Waddell, in his official capacity as commissioner of the Indiana Bureau of Motor Vehicles, 53A04-1206-PL-299.

From 2002 to 2004, Leslee Orndorff received 17 driving convictions and had her driving privileges suspended 18 times. In 2008, she moved with her two children to Bloomington, obtained a valid driver’s license and got a job as a personal care attendant.

Four years later, the BMV discovered the Orndorff qualified as a habitual traffic violator and sent her a notice that her driving privileges would be suspended for 10 years, effective May 29, 2012.

Orndorff filed a complaint against the BMV alleging that the equitable doctrine of laches prevented the state agency from suspending her driving privileges and requesting a preliminary injunction to stop the suspension. The trial court denied her request for a preliminary injunction, concluding, in part, that it was unlikely that laches would apply to the government.

For Orndorff to assert laches against a government entity, she had an additional requirement to show that the government was not acting in its sovereign capacity to protect the public welfare.

The trial court noted that Orndorff will suffer adverse effects if her driving privileges are suspended and that those adverse effects, namely that she will lose her job and her family will be thrust into poverty, threaten the public interest. However, it ruled that the adverse effect that will be suffered by Orndorff’s family does not appear to constitute the sort of public threat that should prevent the BMV from suspending her driving privileges.

The COA disagreed, finding that the public has a real and tangible interest in reducing poverty and that since 2008, Orndorff has not incurred any driving convictions.

Writing for the court, Judge Terry Crone concluded, “Based on the particular circumstances of this case, we have concluded that suspending Orndorff’s driving privileges presents a threat to the public interest and that no public interest will be served by suspending her driving privileges.”

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  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.

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