In re Bradley Stephen Boone for a Change Name
In re Bradley Stephen Boone for a Change Name
Opinion of the Court
Appellant Bradley Stephen Boone appeals from the district court's denial of her
FACTS
In November 2017, Bradley Stephen Boone applied for a name change in Nicollet County, where she resides. Boone has two felony convictions, one from 1994 and the other from 1996, both of which were prosecuted in Stearns County. In April 2017, Boone served notice of her name-change petition on the Stearns County attorney's office, as required by
In February 2018, the district court issued its decision denying Boone's name-change application. The district court reasoned that, while Boone had met the first three of the four factors set forth in section 259.13, subdivision 3, she had not shown by clear and convincing evidence that her application would not compromise public safety.
Boone appeals.
ISSUE
Did the district court err in denying Boone's name-change application by improperly applying Minnesota Statutes section 259.13 ?
ANALYSIS
"The interpretation of a statute is a question of law that we review de novo." Cocchiarella v. Driggs ,
Minnesota Statutes chapter 259 governs the process of seeking a legal-name change. A person who has resided in Minnesota for six months "may apply to the district court in the county where the person resides to change [his or her] name."
Minnesota Statutes section 259.13 gives a prosecuting authority the right to file an objection to a felon's name-change application within 30 days of receiving required notice if any of the following factors exist: (1) the name-change request aims to defraud or mislead, (2) it is not made in good faith, (3) the name change will cause injury to a person, or (4) it will compromise public safety.
But, a court's analysis of the four factors in section 259.13, subdivision 2, is warranted only if there has been an objection by the prosecuting authority. Here, because there was no objection from Stearns County, it was improper for the district court to independently consider these factors.
The plain language of the statute controls because the meaning is unambiguous. State v. Boecker ,
Additionally, the district court denied Boone due process. It failed to provide Boone both notice that the factors would be considered and an opportunity to be heard and contest the court's conclusion with clear and convincing evidence. The state cannot "deprive any person of life, liberty, or property, without due process of law." U.S. Const. amend. XIV, § 1 ; see also Minn. Const. art. I, § 7 ; State ex rel. Blaisdell v. Billings ,
Here, because there was no objection by Stearns County, there was never a triggering event notifying Boone that, in order to pursue her petition, she needed to file a motion for an order to grant her name change request and provide clear and convincing evidence that her petition would not compromise public safety. By proceeding as it did, the district court denied Boone this opportunity.
In light of the lack of objection by the prosecuting authority and the plain language of section 259.13, Boone had no notice that the district court would consider the four factors when it reviewed her petition. The court's sua sponte consideration of the factors set forth in section 259.13, subdivision 2, denied Boone the due process provided for in the statute.
Regardless of whether a person is seeking a name change under section 259.10 or section 259.13, the district court always has the discretion to deny the petition if it finds there is an intent to defraud or mislead. See
DECISION
Because Boone complied with the requirements of
Reversed and remanded.
At oral argument, counsel for Boone indicated that Boone uses she/her pronouns. We will therefore refer to Boone using her preferred pronouns.
Reference
- Full Case Name
- In the MATTER OF the Application of: Bradley Stephen BOONE for a Change of Name.
- Status
- Published