Mullane v. Central Hanover Bank & Trust Co.
Key Principle
Notice & Service of Process Standard: Notice of judicial proceedings must be reasonably calculated to reach those who are known to be affected by such proceedings.
Case Overview
CITATION
ARGUED ON
DECIDED ON
DECIDED BY
339 U.S. 306
Feb. 8, 1950
Apr. 24, 1950
Legal Issue
What constitutes sufficient notice under the Due Process Clause of the Fourteenth Amendment?
Holding
Notice of judicial proceedings must be reasonably calculated to reach those who are known to be affected by such proceedings.
Central Hanover Bank & Trust Co. building in Manhattan (1930) | Credit: Cronobook
Background
Central Hanover Bank & Trust Co. (Hanover) established a common trust fund under New York Banking Law, pooling assets from 113 small trusts. Hanover petitioned for judicial settlement of its accounts, which would bind all beneficiaries to the decree and terminate their rights to challenge them for mismanagement during the accounting period.
Notice of the petition was provided solely through publication in a local newspaper, as required by NY law. Some beneficiaries were residents of New York, while others were nonresidents, and Hanover had the names and addresses of some beneficiaries on record. The Surrogate’s Court of New York granted Hanover’s petition for judicial settlement of accounts was approved. The Appellate Division of the Supreme Court of New York affirmed the decision, and it was reaffirmed by New York Court of Appeals. SCOTUS then granted certiorari.
Summary
7 - 1 decision for Mullane
Mullane
Central Hanover
Frankfurter
Clark
Reed
Minton
Black
Vinson
Burton
Jackson
Opinion of the Court
Writing for the Court, Justice Robert Jackson held that the due process requires that notice reasonably calculated under all the circumstances to apprise interested parties of the pendency of the action and afford them an opportunity to be heard. Justice Jackson explained that notice doesn’t have take a single form, writing that the court must evaluate the adequacy of notice by balancing the state’s interest in efficiently administering proceedings with the individual’s interest in being informed.
Justice Jackson stated that constructive notice, such as publication, may suffice for parties whose interests or whereabouts are unknown or can’t be determined with due diligence, since no more effective and practical means exist. However, when a party’s interests and addresses are known to the party giving notice, publication alone is constitutionally insufficient, and the party must make serious efforts to provide actual notice by more reliable means that are “reasonably calculated to reach” the interested party. Justice Jackson further explained that the constitutional validity of any chosen method of notice depends on whether it is “such as one desirous of actually informing the absentee might reasonably adopt to accomplish it,” not on whether it actually happens to work in a specific case.
Regarding Central Hanover Bank & Trust, Justice Jackson reversed the lower courts’ approval of publication-only notice and held it unconstitutional as a means of notice for known beneficiaries with known addresses. While publication may suffice for beneficiaries whose identities or locations Hanover can’t through due diligence, they can’t justify relying on newspaper publication to notify known beneficiaries when they had the means and had already demonstrated that they could mail notice. Justice Jackson found that publication in small text on the back pages of a newspaper was “a mere gesture” rather than process, since the chances a beneficiary would see it were too low to constitute notice reasonably calculated to inform.