Variable
Correspondent:: König Prüß, GfbAEV
Date: Fri, 24 Dec 2004 07:37:42 GMT
--------
washingtonpost.com
Court Lets Man Change Name to 'Variable'
By DEBORAH BAKER
The Associated Press
Thursday, December 23, 2004; 8:26 PM
SANTA FE, N.M. - Just in time for Christmas, Snaphappy Fishsuit Mokiligon
got a gift from the state Court of Appeals: a name change. The Albuquerque
resident's new name will be Variable.
The appeals court ruled this week that a state district judge in Bernalillo County
didn't provide sufficient reason for denying Mokiligon's name change application.
The three-judge panel issued a formal opinion in order to clarify the standards
that district courts must use in such cases.
While some states require petitioners to show good reasons for name changes,
New Mexico doesn't, the court said.
That means it's up to the court or a third party to come up with objections that
override a petitioner's right to a name change.
Typically, those can include an unworthy motive, the possibility of fraud, or a name
"that is bizarre, unduly lengthy, ridiculous or offensive to common decency and good
taste," said the appeals court, citing a Colorado ruling that there must be a substantial
reason to deny the petition.
In Mokiligon's case, state District Judge Linda Vanzi found that the name change
"is offensive to even the broadest accepted notions of common decency and good
sense, and is otherwise contrary to the public good," according to the opinion.
But the district court never held a hearing - Mokiligon was told by mail he was denied
- and didn't provide factual support for its decision, the appeals court said.
"Thus, there appears to have been no showing of wrongful or fraudulent purpose,
and the name 'Variable' does not appear obviously offensive," Judge A. Joseph Alarid wrote.
Mokiligon, who represented himself, had filed seven petitions since September 2003 for name
changes, and all were dismissed.
He said in his handwritten appeal that his right "to a name of my choosing" had been violated.
"My name is mine to define," he said.
The court cautioned in its opinion that Mokiligon must stick to Variable as his legal name,
and that he must use it "unless or until he changes his name again through a recognized legal process."
Mokiligon could not be reached for comment.
© 2004 The Associated Press