JUDGE HEATHER A. WELCH Marion Superior Court
Application for Fall 2021 Vacancy Indiana Court of Appeals
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
TABLE OF CONTENTS1
Part One, Sections 1-11 ...... 1 1. Contact/General Information ...... 1 2. Secondary Education/Military Experience ...... 2 3. Post-Secondary Education ...... 3 4. Employment ...... 3 A. Current Employment ...... 3 B. Previous Employment ...... 4 5. Trial/Judicial Experience ...... 5 A. Jury Trial Experience ...... 5 B. Bench Trial Experience ...... 7 C. Judicial Experience...... 7 6. Professional Experience ...... 10 A. Examples of Appellate Briefing ...... 11 B. Examples of Contribution to Legislative Action or Court Rules ...... 12 C. Contributions to Legal Journals ...... 13 D. Most Significant Legal Matters ...... 14 7. Efforts to Improve the Legal System, Administration of Justice, or Society ...... 20 A. Civic and Social Issues ...... 23 B. Achievements and Contributions ...... 26 C. Pro Bono Services ...... 30 D. Experiences Teaching Law ...... 30 8. Memberships and Other Activities ...... 31 A. Professional Organizations ...... 31 B. Service Organizations ...... 34 C. Social Clubs ...... 34 D. Leisure Activities...... 34
1 The table of contents contains internal hyperlinks. CTRL plus CLICK will take the reader to the portion of the application listed in the table of contents.
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
9. Legal Proceedings ...... 35 10. References ...... 36
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
Indiana Judicial 251 N. Illinois Street, Suite 1600 Indianapolis, IN 46204 Nominating Commission (317) 232-4706
Application for the Court of Appeals of Indiana
The application for the Fall 2021 Second District vacancy on the Court of Appeals of Indiana includes two parts. Both parts must be completed in entirety with the appropriate documentation attached and submitted through the Indiana Courts Portal. Five complete hard-copy applications also must be submitted to the Nominating Commission’s Office. Please direct any questions about the application process to Adrienne Meiring, Counsel to the Commission, by email at [email protected].
Part One, Sections 1-11
1. Contact/General Information
A. Full legal name and any former names.
Full Legal Name: Heather Ann Welch
Maiden Name: Heather Ann Culbertson
B. State the full name (use initials for minor children), age, and relationship of each person residing in your household. For each adult living in the household (other than yourself), also state the person’s occupation and employer.
Husband (23 years): James Cornelius Welch II, 59. Consultant, CourtCall.
Son: James Cornelius Welch III, 21. Majoring in nuclear engineering at Purdue University, West Lafayette.
Son: Matthew John Welch, 18. Majoring in architecture at Ball State University. 1
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
C. Business address, email, and telephone number.
Marion Superior Court, Civil One 200 E. Washington Street, W407 Indianapolis, In 46220 [email protected] 317-327-5679
D. Attorney number.
19717-49
E. Month and year you were admitted to the Indiana Bar.
a. Indicate current law license status (i.e. active/inactive/retired).
Admitted, October 1994. Active license.
b. If you are or have been a member of the Bar of any other state, identify the jurisdiction and provide date(s) of admission and current license status.
Not Applicable.
F. Date and place of birth.
Born Oct. 30, 1966 in Kokomo, Indiana
G. County of current residence and date you first became a resident.
Resident of Marion County, Indiana, from 1989 into 1991. Left in 1991 to attend law school in northern Indiana and returned in 1994. Have since lived continuously in Marion County, Indiana.
2. Secondary Education/Military Experience
A. List all undergraduate colleges and universities you attended. Include the school name; dates enrolled; degree or certificate earned; and any academic honors, awards, or scholarships you received and when.
School Dated Enrolled Degree
Indiana University 1985-1989 B.S., Business
Indiana University Summer Classes Kokomo 1986,1987 2
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
IUPUI Summer 1989
B. Include with your original application a certified transcript from each school named in Subsection 2A, and attach copies of each transcript to each application copy. (If your social security number is on your transcripts, redact it before copying.)
Please see Exhibit A.
C. If applicable, list any military service. Include the name of the military branch; dates of service; last rank achieved; and any honors, awards, or commendations received and when. Attach a copy of your Certificate of Release or Discharge from active duty (“DD 214” paperwork).
Not Applicable.
3. Post-Secondary Education
A. List all law schools, graduate schools, and post-J.D. programs attended. Include the school name; dates enrolled; degree or certificate earned; class rank; and any academic honors, awards, or scholarships you received and when.
School Enrolled Degree Class Rank
Valparaiso University 1991-1994 J.D. 43/142 School of Law
DePaul University Summer 1993 College of Law Federal Income Tax Course
I worked 15 hours a week during the second year of law school and 20 to 25 weekly during the third year.
B. Include with your original application a certified transcript from each school named in Subsection 3A, and attach copies of each transcript to each application copy. (If your social security number is on your transcripts, redact it before copying.)
Please see Exhibit B.
4. Employment
A. Provide your employment history since graduation from college. Include name of employer, titles or positions, locations, and dates of employment.
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JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
Marion Superior Court Judge, Indianapolis. (2007 to Present)
Elected by county voters in 2006. Re-elected in 2012 and 2018. Assignments:
1) Civil Division (2009 to Present) 2) Criminal Division, D Felony/L6 Cases (2007-08)
During this time, my peers elected me presiding judge of Marion Superior Court to lead the four-judge Executive Committee. (January 2019 to January 2021) I also served as associate presiding judge from January 2017 to 2019 while on the Executive Committee, Today, I am chair of the Civil Division and supervising judge of the Jury Pool through January 2023.
Since June 2016, I also have served the Indiana Commercial Court, which the Indiana Supreme Court created in six courtrooms as a three-year pilot to test establishing judicial practices shown to improve how commercial disputes are resolved. The intent was to apply the law more consistently and efficiently, with the aim of making the state a better place to do business. The Supreme Court later made this specialized docket permanent, making me among a half-dozen judges statewide eligible since 2019 to handle complex business litigation. The Supreme Court added four new judges this year.
Adjunct Professor, IU Robert H. McKinney School of Law (2018 to Present) Teach the Legal Communication and Analysis/Legal Writing course at the Indianapolis campus.
Master Commissioner, Marion Superior Court (2001-06) Criminal Division, Major Felony Court and Civil Court, Indianapolis.
Associate Attorney, Kiefer & McGoff, Indianapolis (1999-01)
Deputy Prosecutor, Marion County Prosecutor’s Office, Indianapolis. (1994-95, 1996-99)
Deputy Attorney General, Indiana Attorney General’s Office, Indianapolis. (1995- 96) Assigned to the Medical Licensing Division.
Certified Legal Intern, Marion County Prosecutor’s Office, Indianapolis (1994)
Research Law Clerk and Certified Legal Intern, Lake County Prosecutor’s Office, Crown Point, Indiana. (1992-94)
Legal Externship, U.S. District Court, Northern District of Indiana, Hammond. (Summer 1993) Assigned to Magistrate Judge Andrew Rodovich.
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JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
Student Law Clerk, Indiana Civil Rights Commission, Indianapolis. (Summer 1992)
Administrative Clerk, Indiana Secretary of State, Indianapolis. (1989-91)
Server, Max & Erma’s, Indianapolis. (1989-91)
Paralegal, Rubin & Levin, P.C., Indianapolis. (1989)
Clerk, IU Accounting Department, Bloomington, Indiana. (1987-89)
B. If applicable, describe the nature and extent of your practice of law (present and former), and provide the names of your partners, associates, office mates, and employers.
I have significant experience in both criminal and civil law, representing clients as well as administrative proceedings. As an associate attorney at Kiefer & McGoff, I assisted clients with criminal matters in federal and state courts. I also worked on family law cases, attorney and judicial discipline cases, and some civil matters. I oversaw my cases, assisted partners with cases, generated business for the firm, and met billing expectations. The firm’s partners, Richard Kiefer and Kevin McGoff, supervised my work. While there, I became active in the Indianapolis and state bar associations. At Kiefer & McGoff, I practiced with Andy Borland, Jim Dawson, Michael Gaerte, Alicia Gooden, Marie Kern, Sheila Marshall, Kathleen Sweeney, and Vicki Ursulskis, who were associate or of- counsel attorneys. During my time with the firm, James Bell and Jimmie McMillian worked there as law clerks.
I worked for the Marion County Prosecutor’s Office as a certified legal intern and later as a deputy prosecuting attorney. This work gave me an opportunity to develop strong trial skills while litigating cases as an advocate for victims in the community. Between periods as a deputy prosecutor, I worked in the Office of the Attorney General and was assigned to the Medical Licensing Division. There, I drafted complaints, conducted investigations, and completed discovery and depositions on cases involving healthcare providers licensed by the state. Such cases addressed medical professionals violating standards of practice, acting dishonesty, or behaving unethically. I also litigated cases before state administrative boards. My experience practicing before administrative panels proved helpful when I later had to decide appeals of state agency decisions as a Marion Superior Court judge.
5. Trial/Judicial Experience
A. Describe the extent of your jury trial experience, if any.
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JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
When my experience as an attorney before becoming a judge is considered, I have been involved in more than 200 jury trials during my time as a member of the bar.
As a judge with 20 years of experience, I have presided over nearly 160 jury trials:
Major Felony Cases: 90 trials D Felony (now L6) Cases: 8 to 10 trials Civil Jury Trials 60 trials
As an Indiana Commercial Court judge, I presided over the first two Commercial Court jury trials in Indiana; a third case was settled before the jury could render a decision. As a civil judge, I have presided in personal injury, medical malpractice, breach of contract, and defamation jury trials. Three civil jury trials lasted about two weeks. While serving in the Criminal Division of the Marion Superior Court, I presided over jury trials involving defendants facing charges of murder, rape, robbery, child molesting, forgery, reckless homicide, habitual traffic offender, theft, burglary, kidnapping, operating a vehicle while intoxicated, fraud, criminal trespass, and criminal recklessness.
During the COVID-19 pandemic, in September 2020, I presided over a two-day jury trial, the first civil jury trial in Marion County during the global health crisis.
As an associate attorney at Kiefer & McGoff in Indianapolis, Richard Kiefer and I provided criminal defense during a two-week mail fraud trial in U.S. District Court for the Northern District of Indiana. I also defended a child molesting case at trial in Marion Superior Court with Kiefer’s partner, Kevin McGoff.
As a deputy prosecutor under Marion County Prosecutors Jeff Modisett, a Democrat, and Scott Newman, a Republican, I tried 45 to 50 felony cases before juries. I also assisted Deputy Prosecutor Larry Sells, my supervisor, in trying several murder cases. Under his supervision, I learned how to present cases to juries successfully. While with the prosecutor’s office, I prepared and started a death penalty case, but no jury verdict could be rendered because of the defendant’s poor health. (Please see Exhibit C-1, a letter from attorney Chris Siegel, who represented the family of the victims, which describes my work on the case.) While trying various felony cases as a deputy prosecutor, questionnaires were provided to the jurors after the completion of a jury trial and jurors supplied input on my performance. (Please see C-2, one completed questionnaire from a juror on State v. Wallace Wilkins, a murder case.)
As a certified legal intern for the Lake and Marion County prosecutor’s offices, I tried 13 felony jury trials under the supervision of deputy prosecutors. In Marion Superior Court, I assisted Deputy Prosecutor Carol Johnson with a reckless homicide case and murder case in which the prosecutor had requested a 6
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
sentence of life without parole, and these cases helped me hone my skills as a trial attorney substantially.
B. Describe the extent of your bench trial experience, if any.
I have extensive bench trial experience as judge and attorney. During the past 20 years, I have presided over bench trials involving civil, criminal, and family law cases. The civil trials involved breach of contract, civil fraud, children in need of services (CHINs), supply chain issues, divorce and paternity, and Patient Compensation Fund claims in medical malpractice cases in which the underlying medical negligence claim had been settled. Most bench trials have lasted from one to five days. In many instances, the attorneys involved requested that I issue written orders explaining the court’s findings pursuant to Indiana Trial Rule 52. When attorneys made such requests, I took cases under advisement and carefully reviewed the evidence and proposed findings submitted by counsel to determine the outcomes of these cases. With divorce bench trials, I either ruled orally from the bench or took matters under advisement to review evidence more thoroughly. If I took the matter under advisement, I later issued detailed written orders, particularly when addressing child custody.
On the criminal bench, I conducted many bench trials and orally ruled at the end of the trial. In real time, this required me to listen carefully to the evidence, to weigh the credibility of witnesses, and to know the applicable laws.
While at Kiefer & McGoff, I defended clients during bench trials on criminal felony and misdemeanor cases. I also tried divorce cases before judges and provided legal defense in a few disciplinary cases before hearing officers. My first bench trial occurred while I was a certified legal intern and I went on to prosecute many criminal cases at bench trials as a deputy prosecutor.
C. If applicable, describe the nature and extent of your judicial experience (including as a judge pro tempore). Include a description of your experience presiding over jury trials, if any.
Indiana Commercial Courts
In 2016, the Indiana Supreme Court selected me to serve in a pilot project as one of six judges to test a new Indiana Commercial Court. (Please see Exhibit D-1.) This project commenced June 1, 2016, and since I have presided over more than 600 commercial cases, including the first three commercial court jury trials in Indiana. Under Indiana Commercial Court Rule 4, attorneys must consent for their cases to remain on the Commercial Court docket. The Commercial Courts are important to state residents because they establish judicial practices allowing complex business litigation to be resolved with greater expertise and efficiency. Such a specialized court enhances the accuracy, consistency, speed, and predictability of court rulings in business 7
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
matters. State judicial systems with specialized commercial or business courts contribute to their states’ economic development efforts because businesses desire to locate and invest in states with fair, efficient, and knowledgeable civil courts.
Indiana’s court took several years to reach fruition. The Supreme Court in 2013 assigned the problem-solving committee of the Indiana Judicial Conference to explore whether Indiana should join other states in implementing a specialized court to handle complex business litigation. I accepted this assignment with Allen Superior Judge Craig Bobay as the Judicial Conference’s two-member Business Courts Subcommittee.
In 2014, Judge Bobay and I informally brought together commercial business attorneys in Marion and Allen counties—along with other representatives of the local and state bar associations— to gather and create a proposal for the Indiana Supreme Court. In response, on June 2, 2015, the Supreme Court issued an Order Establishing the Indiana Commercial Court Working Group. (Please see Exhibit D-2.) After the Working Group held a series of collaborative meetings, we submitted an official proposal to the court. (Please see Exhibit D-3.) In response, on Jan. 21, 2016, the Supreme Court issued an order authorizing a Commercial Court pilot project to begin June 1, 2016. During the three-year pilot, the Working Group submitted regular status reports to the Supreme Court and offered recommendations for improving and expanding the pilot. (Please see Exhibit D-4.) On April 27, 2016, the Supreme Court adopted Interim Commercial Court Rules governing the pilot project. (Please see Exhibit D-5.) The Supreme Court had determined the pilot project was successful in achieving the goals set for it, and by court order, the Indiana Commercial Court was made permanent May 16, 2019. (Please see Exhibit D-6.) On July 10, 2020, the Supreme Court received a request to expand the number of Commercial Court judges from six to 10, and the court approved the expansion. (Please see Exhibit D-7.)
Below is an overview of the work I completed in collaboration with the committee on this project:
● Drafted proposal for Indiana Supreme Court to start pilot project ● Drafted interim rules and Indiana Commercial Court rules ● Drafted Indiana Commercial Court Handbook and created special forms, with a specific focus on case management and discovery sections. Please click link to view handbook. https://www.in.gov/courts/iocs/files/comm-ct- handbook.pdf ● Organized seminars and presented at seminars to promote Indiana Commercial Court ● Drafted proposal for Supreme Court to make Commercial Court permanent
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JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
● Developed the conceptual framework for a searchable database of substantive Commercial Court orders ● Drafted proposal for Supreme Court to expand Commercial Court by adding four new judges
Marion Superior Court
The only types of cases I have not handled as judge are terminations of parental rights, mental health commitments, adoptions, juvenile delinquency cases, and adult guardianships. However, while at Kiefer & McGoff, I represented juveniles in delinquency proceedings across the state, and I handled a mental health commitment.
In civil matters, I have been selected by agreement of counsel for both parties to serve as special judge in about 840 cases. Attorneys have shared that they selected me as special judge because of my reputation for an open mind and detailed substantive orders. Under Indiana Trial Rule 79, attorneys can file one request for a change of judge; this includes attorneys for the plaintiff and defendant in each case. I have been selected as special judge in cases from other counties. Among these were a Hendricks County annexation case and a Monroe County legal malpractice case. In some instances, I have handled special judge cases from Marion County’s Juvenile and Probate divisions that involved children in need of services, guardianships, trusts, and contested wills. During the past 20 years, I been a hearing officer in four disciplinary matters.
In Marion County’s Civil Division, a large portion of my work involves handling motions to dismiss, motions for judgment on the pleadings, motions to compel, summary judgment motions, and discovery disputes. In addition, I preside over bench and jury trials. In family law matters, my judicial work includes marriage dissolution cases involving the division of property and debts, child custody determinations, parenting time arrangements, and child support orders. After divorces are final, I am often called on to resolve motions to modify custody, adjust parenting time and child support, and handle motions for contempt. With criminal matters, I have presided over motions to suppress evidence, child hearsay hearings, petitions for post- conviction relief, guilty pleas, and sentencing hearings.
Trial judges are nearly always the sole decision makers in cases, but I have served on a five-judge panel as required by statute. This experience was both enjoyable and valuable because we robustly discussed the case and then worked together to draft the written order.
In 2012, the Indianapolis Bar Association’s Judicial Excellence Standing Committee conducted judicial surveys on the Marion Superior Court’s sitting judges and other candidates on the general election ballot. This survey was 9
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
completed by attorneys who had appeared before me in court. Among the 400+ attorneys who evaluated my performance, I was “recommended” by 95.6 percent.
While with the Marion Superior Courts, I have done everything possible to serve Marion County residents by exercising sound judgment and patience with litigants and attorneys who seek the court’s assistance to resolve their disputes. As a judge, I must be civil and professional to set a proper tone in court. The parties to cases may themselves—or through attorneys—present the information the court needs to resolve their issues. I hear evidence and argument in thousands of cases a year, and am dedicated to issuing timely, well-reasoned opinions. As a civil judge, this sometimes requires working weekends or staying late during the week to issue timely rulings. I view issuing well-reasoned opinions that allow attorneys and litigants to understand how and why the court reached a particular decision as an important part of my work, and I enjoy doing it. I value giving people the opportunity to present evidence and arguments fully. Regardless of the outcome, litigants must believe they have been treated fairly by the court.
6. Professional Experience
Include as writing samples, four selections (in total) from the written materials listed below in Subsections 6A – 6C.
● Writing Sample #1: State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation, 49D01-1005-PL-021451, Findings of Fact, Conclusions of Law, and Judgment Order on all Issues on Remand from the Indiana Supreme Court issued Aug. 4, 2017. This case involved a contractual dispute over a two-hundred and fifty-page contract to modernize Indiana’s poorly performing welfare system. One of the main issues to determine was which party first materially breached the contract on each parties’ complaint and determine the damages. Please see Exhibit E.
● Writing Sample #2: Panther Brands, LLC v. Indy Racing League, LLC, 49D01-9703-CF-042739, Consolidated Order Granting Defendants’ Motion for Summary Judgment and Order Granting Plaintiffs’ Motion for Summary Judgment issued on Oct. 31, 2018. This case involved contractual relationships between five companies in the racing industry which addressed three contracts. In addition, to the breach of contract claims, there were also allegations of fraud, conversion, unfair competition, statutory bid rigging, and breach of fiduciary duties. Please see Exhibit F.
● Writing Sample #3: Simon Property Group, L.P. v. Starbucks Corporation, 49D01-1708-PL-032170, Order Granting in Plaintiff’s Motion for Preliminary Injunction issued November 27, 2017. This case involved a lease agreement 10
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
with a specific performance clause requiring operation of the leased premises until the conclusion of the lease. The Court addressed whether the retail defendant was required to maintain its operations prior to the parties’ dispute. Please see Exhibit G.
● Writing Sample #4: Indiana Hotel Equities, LLC v. Indianapolis Airport Authority, Cause No. 49D01-1707-PL-027076, Order Denying Indiana Hotel Equities, LLC’s Motion for Summary Judgment and Granting Indiana Airport Authority’s Cross-Motion for Summary Judgment issued on March 28, 2018. In this case, the Court addressed the parties contract disputes which included who first materially breached the lease agreement, whether the Indianapolis Airport had waived the right to declare a default under the lease agreement, whether the Indianapolis Airport breached the lease by relocating the Terminal to its present location, and whether the Indianapolis Airport materially misrepresented the condition of the leased premises. Please see Exhibit H.
A. If applicable, list up to five trial or appellate briefs and/or judicial opinions you have written. Refer to them by caption, case number, and filing date.
1) State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration v. International Business Machines Corporation, 49D01-1005- PL-021451, Findings of Fact, Conclusions of Law, and Judgment Order on all Issues on Remand from the Indiana Supreme Court issued Aug. 4, 2017.
2) Panther Brands, LLC v. Indy Racing League, LLC, 49D01-9703-CF-042739, Consolidated Order Granting Defendants’ Motion for Summary Judgment and Order Granting Plaintiffs’ Motion for Summary Judgment issued on Oct. 31, 2018.
3) Simon Property Group, L.P. v. Starbucks Corporation, 49D01-1708-PL- 032170, Order Granting in Plaintiff’s Motion for Preliminary Injunction issued November 27, 2017.
4) Indiana Hotel Equities, LLC v. Indianapolis Airport Authority, Cause No. 49D01-1707-PL-027076, Order Denying Indiana Hotel Equities, LLC’s Motion for Summary Judgment and Granting Indiana Airport Authority’s Cross-Motion for Summary Judgment issued on March 28, 2018.
5) Preferred Professional Insurance Company v. Crystal WEST, William West, and Indiana Department of Insurance, Patient’s Compensation Fund, Cause No. 49D01-1209-CT-037783, Order on Motion for Summary Judgment issued on March 28, 2014. In this insurance coverage case, the Court examined which insurance policy would cover the injuries sustained by Crystal West when her co-work collided with her when he was driving a forklift under the 11
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influence of prescription narcotics. His physician failed to provide him any warning that he should not operate heavy machinery.
B. If applicable, list up to five legislative drafts or court rules you have written or to which you contributed significantly. Refer to them by official citation, date, and subject matter.
1) Indiana Commercial Court Rules: https://www.in.gov/courts/rules/commercial/index.html
I helped draft the Indiana Commercial Court Rules. As the pilot project was concluding, the committee overseeing the project reviewed the interim rules, what worked during the pilot project, and what could be improved. Our recommendations for final rules flowed from these discussions. Based on commercial court cases I had presided over, I suggested that we include a specialized discovery rule for the Commercial Court to improve consistency of this pretrial process. I assisted in modifying Rule 5, Commercial Court Masters. The Indiana Supreme Court approved our proposed modifications and additions to these rules on June 1, 2019.
2) Indiana Commercial Court Handbook: https://www.in.gov/courts/iocs/files/comm-ct-handbook.pdf
I drafted the Indiana Commercial Court Handbook with the other five Commercial Court judges. Each judge on the Indiana Commercial Court took the lead in drafting a section of the handbook. I wrote the discovery section, which included general practices and specific guidance for managing electronically stored information. I also worked on the chapter on case management conferences. The handbook includes forms that all six judges on the court committee created to facilitate the handling of cases.
3) Marion County Conversion of Master Commissioners to Magistrates, I.C. § 33-33-49-32. This process included the following legislation from 2010 to the present: House Bill 1064 (2021), House Enrolled Act 1332 (2019), HEA 1053 (2017), HEA 1110 (2015), HEA 1061 (2013), and HEA 1154 (2010).
I worked with Marion Superior Judge Timothy Oakes and the court’s lobbyists to enact legislation that converted the county’s 26 master commissioners to magistrate judges. Commissioners and magistrates are not elected but essentially have the same authority as local judges; the difference is that magistrates are paid by the state and commissioners are paid by the county. Magistrates are also included in the pension program and commissioners are not. During this conversion process, we developed a draft of the proposed legislation, identified bill sponsors in the Indiana House and Senate, and monitored legislative action.
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4) Indiana Code § 33-33-49-13.1, 13.2, 13.3, 13.4, & 13.7, Marion County Judicial Selection.
In 2017, I worked with Marion Superior Judge Timothy Oakes and House Majority Chairman Greg Steuerwald, R- Danville, the bill sponsor, and Marion Superior Court lobbyist Joseph Loftus to draft judicial selection legislation and, later, to modify it. This bill would change the Marion County Superior Court judges to general election votes—a process similar to the one the Indiana Judicial Qualifications Commission uses to select and retain appellate judges.
5) Indiana Code of Judicial Conduct, Rule 2.11, Comment 8.
As the Chair of the Ethics and Professionalism Committee, I oversaw the addition of a comment to Indiana Code of Judicial Conduct, Rule 2.11. The comment created a procedure to allow parties to waive disqualification of a judge in limited circumstances. For example, if the judge had been the deputy prosecutor on the defendant’s first conviction for operating a motor vehicle while intoxicated, and this conviction acted as the enhancement to make the new charge a Level 6 felony, the defendant could waive the potential conflict to avoid a delay in the case.
C. If applicable, list up to five of your contributions to legal journals or other legal publications. Provide titles, official citations, and a brief description of the subject matter.
1) Race & Equity in Judicial, Legislative and Executive Branches, Indiana Court Times, May 2, 2020. This article discussed the importance of race and equity in all three branches of government. (Please see Exhibit J-1.)
2) Jurors Questions of Witnesses in Civil and Criminal Jury Trials: Do They Improve the Administration of Justice? American Bar Association, Judicial Division Record, Winter 2014. I co-authored this article with retired Judge William J. Caprathe of Bay City, Michigan. U.S. District Judge James Holderman, Northern District of Illinois, provided quotes for the article from jurors who had served in his court. The article explored how permitting jurors to ask questions can assist the attorneys in the presentation of their case to the jury. (Please see Exhibit J-2.)
3) Kudos for a Project Well Done: Implicit Bias Training for Judges, American Bar Association, Judicial Division Record, Fall 2016. This article examined the importance of implicit racial bias training for judges, and how such training can increase fairness in the courts for all litigants.
4) National Conference of State Trial Judges Chair’s Column, American Bar Association Judicial Division Record. I wrote four Chair’s Columns. The Fall 13
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
2019 column focused on the national conference’s goals of 1) racial and ethnic diversity and inclusion on the bench, 2) professionalism and civility in law, 3) judicial independence, and 4) increasing membership in the conference. (Please see J-3.) The Winter 2020 column further discussed the conference’s work on professionalism and civility. (Please see J-4.) The Spring 2020 column reviewed the successes of the American Bar Association Judicial Division Mid-Year Meeting, the Diversity Judicial Clerkship Program, and the conference’s work at the meeting. (Please see J-5.) The Summer 2020 column explored the COVID-19 pandemic and how courts were reacting to challenges, especially around when and how to resume jury trials. The issue also focused on equal justice for all in the courts in response to George Floyd’s death in the custody of Minneapolis police. (Please see Exhibit J-6.)
5) Judicial Clerkships for Recently Admitted Attorneys, Indiana Court Times March/April 2014. This article discussed a program to place with state trial judges those attorneys who had been recently admitted to the practice and were not able to find work. The idea was to give them experience working for the court while they searched for paid positions.
D. Identify the five most significant legal matters entrusted to you, whether as a judge or lawyer, and describe why you believe them to be so.
1) Leadership of the Marion Superior Courts
A. Marion Superior Court Executive Committee
1. As presiding judge, developed an operations plan in response to the COVID-19 pandemic in collaboration with my judicial colleagues and the court administration’s staff that included:
● Becoming one of the first county courts in Indiana to request Indiana Supreme Court relief under Administrative Rule 17.
● Responding immediately by shifting court operations from in person to entirely remote to protect the health and safety of litigants, attorneys, and court employees.
● Assembling Marion County stakeholders to develop a plan to resume court operations safely during the pandemic. We worked with Dr. Virginia Caine and her team from the Marion County Department of Health to understand protocols needed to establish a safe environment.
● Resuming jury trials during the pandemic.
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JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
2. As presiding judge and associate presiding judge, guided the courts over four years in designing and building a new Community Justice Campus in collaboration with stakeholders:
● Chairing weekly meetings with general contractor F.A. Wilhelm Construction, architectural firm Schmidt Associates, representatives of the Marion County Building Authority and City of Indianapolis, as well as judges and other staff members. This process went on for about 2 years and involved participating in hundreds of decisions regarding courthouse design. Examples include:
a. Should judicial chambers be located together on a single floor or throughout the building adjacent to courtrooms? b. What type of courtrooms would we need, and how many? How many should be jury trial courtrooms, courtrooms with large gallery spaces to accommodate crowds, and hearing rooms? c. What type of finishes should be included, such as wood for the benches, carpeting and flooring, paint, restroom equipment, to name a few?
● Working with HOK Group Inc., a global design, architecture and engineering firm, and city officials to determine the details and dimensions of the building for the design-build bidding process. I oversaw hiring the National Center for State Courts to assist judges in determining our needs.
● Researched, interviewed, and hired an environmental firm to conduct an assessment of the new courthouse site to ensure it would be a safe place for litigants, attorneys, court staff, and judges.
● Developing a new operational model through collaboration that includes:
a. We moved from a Criminal, Civil, Probate, and Juvenile Division model to a Criminal, Civil and Family Division model. b. Engaged the National Center for State Courts to help us create the Family Division. We jointly made decisions about what types of cases will fall under the new Family Division and how many judges and magistrates will be assigned. c. Traveled to other family courts across the country to view their facilities and learn how they had created their courts.
● Developing a new personnel model for court staff with help from the National Center for State Courts.
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3. Other Accomplishments as a Member of the Executive Committee:
● Leading the committee that assigned another judge to the Juvenile Division, establishing a process to determine the appropriate caseloads and staffing, and establishing a process for choosing the new judge.
● Preparing the Courts $60 million budget and presenting the budget to the Public Safety Committee of Marion County’s City-County Council every year for four years.
● Working with the Marion County Sheriff’s Department to address jail overcrowding.
● Developing a plan to return the Arrestee Processing Center/Initial Hearing Court from an isolated location to the building where most courts are located.
● Leading biweekly meetings of the Marion Superior Court’s Executive Committee and monthly meetings of all the judges on the court.
Strong leadership is essential to ensuring that all court systems provide all parties equal access to justice. Through my work, I have helped improve the Marion Superior Courts. As presiding judge, I was accustomed to making difficult decisions. I worked collegially and collaboratively with my colleagues to put in place a foundation for even better judicial processes under the current presiding judge and Executive Committee.
2) Indiana Commercial Court
Developing the Indiana Commercial Court was a significant and important legal matter. In 2013, when we began looking into it, 23 states had business or commercial courts. As a judicial leader on the Commercial Court, I worked with judges and attorneys on:
● Establishing the Indiana Commercial Court Pilot Project as described in Section 5(C) of this application.
● Proposing to the Indiana Supreme Court to make the Commercial Court permanent.
● Co-Chairing the Indiana Commercial Courts Committee.
● Chairing the following subcommittees of the Indiana Commercial Court Committee: 1) Expansion of the Commercial Court, 2) Promotion of the 16
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Commercial Court, 3) Commercial Court Jury Instructions, and 4) Commercial Court Masters.
● Proposing an expansion of the Commercial Court to add four judges. As of Jan. 1, 2021, there are now 10 Commercial Court judges in Indiana in Allen, Elkhart, Floyd, Hamilton, Lake, Madison, Marion, St. Joseph, Vanderburgh, and Vigo Counties.
● As a Commercial Court judge since mid-2016, I have issued over a hundred substantive orders on commercial cases.
I was proud to play a leadership role in establishing the Indiana Commercial Court. The court is a significant improvement for the state because it provides:
● Judicial processes that improve efficiency in fairly resolving complex business litigation for the benefit of all parties.
● Economic development opportunities for Indiana by through expert resolution of commercial disputes.
● Judges who know how to manage voluminous discovery, including massive electronically stored files.
3) Civil Jury Trials
I have participated in more than 140 criminal trials as a judge or attorney. Three jury trials were particularly significant:
a. Michelle T. Matthews and Michael W. Matthews, Individually and as Next Friends of John Matthews v. Jonathan B. Lupton, M.D. and Southside OB- GYN, P.C., 49D12-1011-CT-004896: This medical malpractice case alleged medical negligence by an OB-GYN physician in the delivery of a baby. This baby’s right arm being paralyzed. The jury trial lasted about 10 days and occurred when the child was 10 years old. The jury returned a verdict for the plaintiff of $4.1 million in damages.
b. Monica Smith, Individually, and on Behalf of the Estate of Vincent M. Smith, Sr. Deceased v. Indiana University Health Inc. d/b/a Methodist Hospital, Cause No. 49D01-1209-CT-034959. On October 3, 2016, I presided over a jury trial. The jury heard evidence and argument for five days to determine if the hospital had been negligent in its treatment of Vincent Smith. The jury returned a verdict for Monica Smith, widow of Vincent, in the amount of $2 million dollars. On December 18, 2006, a physician at the hospital performed surgery on Vincent to remove hardware placed in a previous orthopedic surgery that had perforated his 17
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esophagus. The surgical procedure performed entailed the removal of the Danek Cervical Plate and exploration of the fusion. Post-operatively, Vincent was administered opiate pain medication via a patient-controlled analgesia (“PCA”) pump. Ultimately on December 20, 2006, Vincent passed away at age 44. The hospital did not retain the data on the PCA pump. This was a significant case to Monica, Vincent’s widow, because the jury determined what caused Vincent’s death. This was also a significant case because the hospital had no policies which required the preservation of data on a PCA pump for patients. As a result of this case, the hospital modified its policies to protect its patients.
c. Kobler v. Marquez, 49D12-1107-CT-266334: In this personal injury jury trial, the accident had been captured on video that was shown to the jury. I granted the plaintiff’s Motion for Directed Verdict on liability only and the jury determined the issue of damages—not who had caused the accident. This case demonstrates how technology can and will affect jury trials. My ruling was affirmed on appeal in an unpublished memorandum decision.
The founding fathers enshrined the right to a jury trial of one’s peers in the Bill of Rights. Trials by jury permit a peaceful resolution of parties’ disputes and provides an opportunity for citizens to participle in the process of governing. Jury trials are never easy, whether prosecuting or presiding, and we must always be building knowledge and skills as members of the bar to ensure justice is served.
4) Family Law Cases
Making determinations in cases involving the physical and legal custody of children, how much parenting time is appropriate, or whether it needs to be supervised is always difficult. These cases are emotionally charged. I listen carefully and gave a great deal of thought to what is in the children’s best interest. It is an enormous responsibility. In 20 years on the bench, I have made hundreds of decisions about whom children will reside with and how frequently children can see their parents.
Presiding over Children in Need of Services cases is always challenging because families are often in crisis because of addiction and/or mental health issues or because parents lack information about how to parent children. These cases are important because the court must determine:
● Whether children should be removed from homes and placed in foster care. ● When it is safe for the children to return to homes they have been removed from. ● What to do if it is never safe for children to return to home. ● Whether there are good foster homes available to the children. 18
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● What to do if no one is willing to become foster parents and adopt the children if parental rights are terminated.
Decisions on family law cases can forever alter the lives of children and their parents. For this reason, it essential for trial judges to employ empathy and engage in rigorous fact-finding so they apply the law in ways that best serve the children involved in such important cases.
5) Criminal Cases
a. State of Indiana v. Shirley Mitchell: In this criminal case, Shirley Mitchell was charged with murder after her 6-year-old granddaughter, E , had been beaten to death with a broom handle. The only witness was E ’s sister, A , who was 9. Their mother was addicted to drugs and not involved in their lives. I tried this case in the late 1990s as a deputy prosecutor. A testified in front of 14 strangers about what she had seen her grandmother do to her younger sister. She was scared, and she loved her grandmother. The jury convicted the grandmother of murder despite her defense attorneys arguing that she should be found guilty of reckless homicide instead.
b. In the late 1990s as a deputy prosecutor, I was assigned a case where a Defendant was charged with robbery and being a habitual offender because he had two prior felony convictions on his criminal history. While I cannot recall the defendant and victim’s names, the facts of the case are unforgettable. During the pendency of this case, the defendant remained in jail. The defendant and victim worked at Ponderosa together and after work one night they decided to go out partying. The next morning the victim called 911 to report she was robbed of her rent money, about $800 dollars. The case was investigated by the police and the above charges were filed. The defendant was assigned a public defender to represent him and she deposed the victim to learn what happened. During the deposition, the victim’s story was inconsistent on important facts. After the deposition concluded, I discussed the case privately with the victim. I emphasized that it was critical that she tell the truth and now was the time come forward if some of her testimony was not truthful. She stuck with her story. As discovery proceeded in the case, there was more information that indicated she may not be telling the truth about the defendant robbing her. At my request, she agreed to take a polygraph test. Before she could complete polygraph test, she broke down and starting crying. She admitted that she had lied about the defendant robbing her and that they went to a drug house where she spend her rent money on crack cocaine. She said she called the police the next morning because she thought she could get her money back this way. The defendant had now been in jail for 70 days and was facing up to 50 years in prison. After leaving the
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polygraph test, I immediately went to court and filed a dismissal of the case. Justice prevailed in this case.
The significance of these two particular cases demostrate that a deputy prosecutor must pursue justice regardless of the challenges. In the Mitchell case, it was sad for A because she was left alone with no Grandmother or sister, but she was safe. However, the outcome of this case resulted ultimately in A being placed in a safe and healthy environment to grow up. In the robbery case, justice was done because the defendant did not rob the victim. The criminal justice system works well when the attorneys and judges carefully consider all criminal matters making sure that the State proves each and every case beyond a reasonable doubt.
7. Efforts to Improve the Legal System, Administration of Justice, or Society
A. Describe your efforts, achievements, or contributions (including written work, speeches, or presentations) toward the improvement of the law, the legal system, or the administration of justice. Include a description of any management or leadership roles you undertook to achieve these goals, and describe any specific instances in which your collaborative efforts helped achieve these goals.
1) Marion Superior Courts
As the Presiding Judge of the largest court system in the State of Indiana, I oversaw the following projects and worked collaborative with my judicial colleagues and other stakeholders:
● Developing a plan for resuming court operations amid the pandemic.
● Leading the Marion Superior Court’s efforts to design and build a courthouse that is scheduled to open in 2022.
● Developing a new personnel model for implementation when we move into the new courthouse, implementing new operational models for the criminal and civil divisions, and began developing a unified family court.
● Addressing overcrowding at the Marion County Jail.
● Overseeing the process to add a judge to the Juvenile Division.
● Working with Marion Superior Judge Marilyn Moores, Child Advocates, and the Indiana Legal Aid Society to establish The Child Permanency Pilot Project. The purpose of this Marion County pilot project was to identify family members who could provide permanent, safe and stable homes for children and helping them to obtain guardianship. 20
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Serving as the Civil Term Chair for the Marion Superior Court’s Civil Division, in collaboration with colleagues:
● The division in 2010 began using an Electronic Filing System (“EFS”) for mortgage foreclosure and civil collection cases.
● Implemented improvements to Domestic Relations Counseling Bureau, which performs custody and parenting-time evaluations in family law matters. We reduced duplication of services and improved evaluations judicial officers use to make child custody determinations.
● As a member of the Marion Superior Court’s Family Court Project, I helped relocate the Domestic Relations Counseling Bureau to the Court’s building from Fountain Square neighborhood. This provided easier access and allowed us to improve services. We also established a “Pro se Center” to assist litigants who do not have attorneys.
● Together with Marion Superior Court Judge Timothy Oakes, we convinced Marion County’s Indianapolis City-County Council to award $130,000 to Child Advocates. The money was used to assist the court in continuing the Guardian Ad Litem program for children in divorce and paternity cases. Judges typically appoint these guardians when children have been exposed to drugs, alcohol, and sexual or physical abuse.
2) Commitment to Diversity
Since joining the judiciary in 2001, I have demonstrated commitment to working toward a racially and ethnically diverse bench and legal profession through various projects and committees:
● Member, Indianapolis Bar Association’s Diversity Taskforce. We hosted a job fair to help law students of color and law graduates of color obtain legal jobs.
● Member, Indiana State Bar Association’s Committee on Juvenile Justice Summit. We studied the disproportionate number of Black, Hispanic, and Latino youth in the juvenile justice system. And we assembled speakers to educate the executive, judicial, and legislative branches on this topic during a daylong summit.
● Co-Chair, American Bar Association’s Diversity Judicial Clerkship Program (2014-21). The clerkship’s mission is to educate racially and ethnically diverse law students about the professional benefits of serving as judicial law clerks in state and federal courts. Students who participate meet judges from federal and state benches who serve in trial and 21
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appellate courts. Through this three-day program, these law students have an opportunity to explore legal issues, conduct research using LexisNexis, prepare legal memoranda for the judges, and justify their rulings to the judges. The long-term goal is to increase the number of judges of color in federal and state courts and in administrative agencies. The clerkship is a joint effort of the American Bar Association’s Judicial Division and the ABA’s Council for Diversity in the Educational Pipeline.
● Indiana Conference for Legal Education Opportunity/ICLEO Program. During summer 2018, I hosted Christine Thompson, a law student from Indiana University’s Robert H. McKinney School of Law as a summer law clerk. Ms. Thompson was an evening student and taught Spanish at Brownsburg High School. The ICLEO program assists people of color, disadvantaged college graduates, and students from low-income households who want to pursue law degrees.
3) Mentoring Law Students
During my judicial career, I have mentored law students as follows:
● Externship Program. (2009 to Present.) I have mentored law students through my participation in the Robert H. McKinney School of Law externship program. I have hosted about 70 law students through externships. The students observe court proceedings, complete legal research, and draft proposed court orders. I benefited from strong mentors when I was in law school and starting out as an attorney. So, I want to give back to my profession by mentoring law students.
● Member, Indiana University-Purdue University at Indianapolis’ Paralegal Advisory Board. (2018 to Present.) The board reviews the paralegal program and interacts with the students by providing advice on career opportunities and how to obtain jobs.
● Summer College Student Program. (2015 to Present.) I have had about six college students complete summer externships or work-study programs through my court. All of them had strong interest in attending law school. They observed legal proceedings and assisted on special projects. I paired them with summer law clerks and had them read legal briefs. They learned how to interpret legal decisions and conduct legal research. And they drafted proposed court orders. One of these college students is practicing law today in Indianapolis.
● High School Shadow Program. Through this informal program, students from Indianapolis Schools shadow me for a day because they are interested in law. (Please see Exhibit K.)
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B. Describe your efforts, achievements, or contributions (including written work, speeches, or presentations) concerning civic, political, or social issues. Include a description of any management or leadership roles you undertook in this area, and describe any specific instances in which your collaborative efforts in this area led to a successful result.
1) President, Cathedral High School Men’s Soccer Upper Ninety Club (2017-19)
When Paul “Whitey” Kapsalis became head coach for the Men’s Soccer Program at Cathedral High School, he wanted to provide a men’s soccer program for the 60 to 70 young male athletes that taught them how to become the best they could be—on and off the field. Coach Kapsalis taught these young men that they were “family.” Their practice jerseys carried the slogan “Family, love your brother.”
Every Friday before school, the team would meet with Coach Kapsalis for about 30 minutes to discuss life lessons. He rooted discussions in the Greek word “philotimo,” or love of honor, with a focus on goodness and generosity of spirit. It is innate among Greeks, and it represents open-arms hospitality and authentic giving to people. It requires those who possess “philotimo” to respect and treat others around them with dignity, honor, and decency. The young men wore T-shirts to these meetings that simply read “philotimo”.
Coach Kapsalis asked me to manage the volunteers who support the Men’s Soccer Program as president of the Upper Ninety Club. This involved helping parents and other volunteers support the C Team, Junior Varsity Team, and Varsity. I put together a group of volunteers to assist the players and coaches. These volunteers served as an informal board of directors for the Upper Ninety Club. We had regular meetings and appointed a treasurer to handle money. I collaborated with the coaches, players, parents, and some volunteers, and the high school athletic department to ensure the volunteer program’s success. This work included:
● Providing healthy meals and drinks for the players after school and providing drinks during matches. ● Scheduling buses for all of the matches. ● Organizing the Senior Night program and Alumni Night at a home soccer match. ● Selecting and ordering spirit wear for families, friends, and fans of the team. ● Organizing the dinner to welcome parents and players to Cathedral High School’s “soccer family.” ● Organizing an end-of-season banquet for the families and players to celebrate the young men’s successes.
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My role as president of the Upper Ninety Club was an amazingly rewarding experience because it provided great support for the soccer players, coaches, and families. We were one big family, and all the parents worked together to support the players. For example, when Blake, a senior player, found out his father had passed away from his battle with cancer during the soccer season, the coaches and players embraced Blake and his family. At practice that night, Coach Kapsalis organized a prayer service in memory of Blake’s father. While seated in a circle, each of the players shared a message of support with Blake. By the end, Blake opened up and shared his feelings. For the players, coaches, and parents, the service was emotional and exceptionally moving. The entire team attended the funeral, and many of the parents did, too. It meant so much to Blake, his mother, his twin brother, and his two sisters.
My role as the president of the Upper Ninety Club was time consuming, but it has been one of the more rewarding experiences of my life. In 2019, I received the Indianapolis Bar Association’s Antoinette Dakin Leach Award in honor of trailblazing women in law. During the award luncheon, several people spoke, and a video was shown. The Cathedral players and coaches relayed a wonderful message of congratulations that tugged at my heart.
2) Big Brothers Big Sisters of Central Indiana (2007 to Present)
This Big Brothers Big Sisters chapter serves about 1,200 young people each year from ages 8 to 18 in Hamilton, Johnson, and Marion counties. Its mission is to create and support one-to-one mentoring relationships that “ignite the power and promise of youth.” I served on the Board of Directors for four years. One important focus for the board was how the program could be improved to serve more “Littles” and how to find more “Bigs” to mentor the “Littles.” I was recognized by the chapter for service beyond the duty of a board member for organizing staff training regarding the use of screening tools to determine who should serve as “Bigs.”
Since completing my board service, I have continued to participate on the Quality Assurance Taskforce. This group reviews the chapter’s policies to ensure that they provide all of the necessary protections for the “Littles” and “Bigs,” and treat everyone fairly. This committee reviews policies each year. This year, we paid special attention when reviewing policies to ensure they do not disproportionately affect any population in ways that might keep them from participating. This Taskforce comprises professionals from various backgrounds. We operate through consensus.
3) Dynamo FC Soccer Club (2011-2016)
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The Board of Directors ensures the club runs efficiently and in the best interests of the players. Dynamo FC offers travel soccer for girls and boys from ages 7 to 18. The board’s responsibilities included:
● Hiring soccer coaches ● Maintaining the soccer fields ● Hosting Midwest region tournaments ● Managing club finances ● Marketing the club to ensure we have enough players ● Organizing tryouts each season ● Handling parents’ complaints ● Continuing to develop new ideas for the club
As president of Dynamo FC, I oversaw the areas above, managed board meetings, cultivated new board members, and addressed challenges. This was rewarding and helped players develop skills and friendships.
4) Indiana Supreme Court Constitution Day
I regularly speak at local schools on Constitution Day and have been invited to speak to local elementary, middle, and high school students.
5) Reach for Youth Teen Court Volunteer
I presided over jury trials of juvenile offenders for minor offenses such as shop lifting, failing to attend school, and fighting at school. The offenders had to agree to participate in Teen Court, with past Teen Court offenders serving as jurors and determining appropriate punishments. As the judge, I guided students through the process.
6) The We the People: The Citizen and the Constitution Program, Volunteer, Cathedral High School (2014-19)
I volunteered to help prepare high school students for the local, state, and national competitions. This program “promotes civic competence and responsibility among the nation’s high schools. The We the People curriculum provides instruction on “the history and principles of the United States Constitution.
7) St. Thomas Aquinas Church and School
● Member, School Commission (2007-09)
The School Commission is an advisory body to the principal and pastor on the operation of the school. The commission focuses on: 1) developing goals and objectives for the school, 2) developing an operating budget for 25
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the school and working with the Parish Finance Council, 3) monitoring performance and recommending improvements, 4) developing policies to guide daily school operations, and 5) communicating the status of the school to the entire parish and deanery.
● Head Greeter
Served as a lead greeter at Mass for many years. My responsibilities included greeting people as they entered church, welcoming parishioners before Masses from the podium, and asking newcomers to stand and introduce themselves so we could welcome them. I also identified people to bring the gifts to the altar during Mass, ushered parishioners when communion began, handed out the weekly bulletins after Masses, and clean the church after Masses.
●Volunteer, Boulevard Place Food Pantry
I volunteered at the Boulevard Place Food Pantry, when time allowed. The pantry is operated by St. Thomas Aquinas Church. When I could not volunteer, I donated food to for pantry shelves.
8) Awards
● 2011American Board of Trial Advocates, Indiana Trial Judge of the Year ● 2012 Indiana Lawyer Leadership in Law: Distinguished Barrister ● 2018 Indiana State Bar Association’s Outstanding Judge Award. ● 2018 Indiana Bar Foundation’s award for service to the legal profession and community ● 2019 Antoinette Dakin Leach Award from the Women and Law Division of the Indianapolis Bar Association for significant contributions to law. Please click this link for more information https://www.indybar.org/?pg=IndyBarNews&blAction=showEntry&blogEntr y=8645
C. Describe your efforts, achievements, or contributions (including written work, speeches, or presentations) to improve your local, state, or national community through charitable work or public service. Include a description of any management or leadership roles you undertook in this area, and describe any specific instances in which your collaborative efforts in this area led to a successful result.
I have worked with other Indiana judges and attorneys on the following committees:
● Indiana Judicial Committees:
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1) Indiana Commercial Court Committee (formerly the Indiana Commercial Court Working Group). (2013 to Present.) I am co-chair of this committee with Allen Superior Court Judge Craig Bobay. The Indiana Commercial Court Committee comprises the Commercial Court Judges, business litigators from across the state, two law professors, members of the Indiana Senate and Indiana House, and transaction law attorneys. The committee developed the proposal to create the Commercial Court Pilot Project and the proposal to make the court permanent. The committee continues to work on ways to improve the Commercial Court. The entire committee meets two to three times a year now that the Commercial Court is a permanent part of the Indiana judiciary. The judges meet more frequently.
2) Indiana Civil Litigation Taskforce Member. (2021) The Indiana Supreme Court established this taskforce to recommend “more efficient ways of handling civil litigation” in response to a national report on justice improvement initiatives.” I serve as chair of the Subcommittee on Case Management.
3) Indiana Resuming Court Operations Task Force COVID-19. (March 2020 to Present.) The Indiana Supreme Court appointed five trial judges to this taskforce to come up with a plan for Indiana trial courts to return to full court operations. This effort has been collaborative among judges and staff attorneys to issue written guidance for our Indiana trial court colleagues. On May 13, 2020, the taskforce, with assistance from the Indiana Supreme Court, issued “Resuming Operations of the Trial Courts COVID-19 Guidelines for Indiana’s Judiciary.” The committee is now focusing on practices to resume jury trials in Indiana safely. The taskforce also is examining changes that were made during the pandemic and will recommend to the Indiana Supreme Court which procedures implemented during the pandemic should continue beyond the pandemic.
4) Indiana Jury Committee. In March 2020, Supreme Court Justice Steven David created an informal group of five trial court judges, a prosecutor, a public defender, a plaintiff’s attorney, and a defense attorney to explore for the Indiana Supreme Court whether remote jury trials could be a viable option. After jury selection for a civil and a criminal fact pattern were complete, the committee members discussed the process and prepared recommendations for the Supreme Court regarding the use of remote jury trials.
5) Indiana Judges Association (IJA). Secretary/Treasurer (2019 to Present.) Board Member at Large for Marion County District 10 (2009-19.) The IJA is a voluntary association of members of the Indiana judiciary. The IJA monitors legislation during Indiana General Assembly sessions and provides judicial input to legislators when appropriate, often in the form of 27
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testimony before committees. As an officer of the Indiana Judges Association, I review proposed legislation, suggest modified language, and testify about various bills that affect the Indiana judiciary and court processes. The IJA meets biannually as an entire board. Officers meeting weekly during legislative sessions and conduct annual retreats.
6) Indiana Judicial Administration Committee. (January 2019 to Present.) This committee takes on projects of interest to Indiana trial court judges. The committee currently is looking for ways to improve the tracking of data about cases. Our hope is that judges can review this data to determine what changes might be help provide better access to the Indiana trial courts. The committee meets six or seven times a year.
7) Indiana Ethics and Professionalism Committee. (2008 to Present, Chair 2011-15 and 2017 to Present.) This committee meets four times a year at the request of the Indiana Supreme Court to provide a judicial perspective on topics related to ethics and professionalism. The committee makes recommendations for educational programs for Indiana Judicial Conference. We also update legal materials to raise awareness among judges of ethical pitfalls. We have created a pamphlet for the Indiana judiciary on the “Seven Deadly Sins” and will be present it during the Spring Judicial College in April 2021. The committee also will review the Judicial Code of Conduct and determine whether recommendations for changes are needed.
8) Indiana Board of Law Examiners Character and Fitness Interviews. (2013 to Present.) I conduct character and fitness interviews of recent law school graduates before they take the Indiana Bar exam. During these interviews, I interact with law school graduates to determine whether they have the necessary character and fitness to become members of the Indiana Bar. I conduct seven to 10 interviews a year and report to the Indiana Board of Law Examiners. In addition to determining that each applicant has the necessary character and fitness, I also discuss with them challenges and pitfalls in legal practice and practical advice to assist them in becoming successful lawyers. In 1994, attorney James Voyles conducted my character and fitness interview. To this day, I still remember vividly our discussion. More importantly, 27 years later, we stay in touch and he given me valuable advice since that interview.
9) Indiana Criminal Instructions Committee. (2003-09.) This committee is tasked with drafting the Model Criminal Jury Instructions. The committee frequently rewrites jury instructions when there have been changes in the law or cases have emerged in which the delivery of a particular instruction resulted in reversible error. This committee drafts instructions on criminal law topics and has had lengthy discussions before arriving at the final drafts of new instructions. 28
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My work on all the above State Committees was collaborative, sometimes among judges but often with many other stakeholders, except the Character and Fitness interviews. This collaborative work was an essential part of arriving at the recommendations each of these committees has made to the Indiana Supreme Court.
● Marion Superior Court Committees:
Since 2007, I have had some type of leadership position on the Marion Superior Courts. As a new judge, I managed and supervised the Marion County Law Library. In 2009, I led the Civil Division as the Civil Term Chair under then-Presiding Judge Robert Altice, who now serves on the Indiana Court of Appeals. From 2013 to 2016, I was the chair of the Budget Committee for Marion Superior Courts. I worked with the finance director to prepare annual budgets for the approval of the Marion Superior Court judges on the Executive Committee. I interacted with the city controller to develop the court’s budgets and assisted in presenting budgets to Marion County’s City- County Council. In January 2017, I was elected by my judicial colleagues to serve on the Marion Superior Court’s Executive Committee as associate presiding judge. This Committee comprises four judges who oversee the court’s administrative matters. In January 2019, my judicial colleagues elected me to serve as presiding judge for two years. I am now serving the court as the Civil Term Chair for a second time and the supervising judge of Jury Pool. With the jury pool role, I lead a team of three Judges and staff on how to resume jury trials safely in Marion County in light of the COVID-19 pandemic. Below is a full list of committees, I have served on in the Marion Superior Courts:
● Marion Superior Court’s Executive Committee. Presiding Judge (2019-21), Associate Presiding Judge (2017-19) ● Co-Chair, Family Court Subcommittee. (2020-21) ● Supervising Judge, Jury Pool. (2021) ● Chair, Civil Term. (2009-11 and 2021) ● Transitional Planning Committee for New Courthouse. (2021) ● Chair, Budget Committee. (2013-16) ● Member, Family Court Project Committee. (2013-16) ● Chair, Marion Superior Court Ethics Committee. (2010-11) ● Co-Chair, Legislative Committee. (2010) ● Chair, Facilities Committee. (2008) ● Supervising Judge, Marion County Law Library. (2007-08)
My work for the Marion Superior Court has improved access to justice for litigants. In particular, resuming jury trials during the COVID-19 pandemic is important to the local community. Earlier in pandemic, it was not safe to conduct jury trials. The Indiana Supreme Court now permits courts in Indiana to resume 29
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trials safely. In Marion County, we are successfully resuming criminal and civil jury trials. It is essential to justice that we restore jury trials as they operated pre- pandemic. I am committed to public service and improving Marion Superior Courts.
D. Describe the nature and extent of any pro bono legal services you have contributed.
As a judicial officer the Judicial Code of Conduct imposes some limitations on pro bono work. However, I am devoted to serving the Indianapolis Bar Association, Indiana State Bar Association, and the American Bar Association to improve the legal system and the courts. I chaired the Indianapolis Bar Association’s Pro Bono committee and was a member of the committee for several years. The Committee worked to increase access to justice through several initiatives, including: Superior Court Pro Bono Project, Legal Line, Ask A Lawyer, and Low Asset Wills Program.
In 2013 and 2014, I worked with Court of Appeals Judge Cale Bradford and assisted Marion Superior Court Judge David Shaheed with the Heartland Pro Bono organization, which created a partnership with the Indianapolis Bar Association to assist low-income individuals who need legal assistance on family law matters.
After the Marion County Law Library was closed due to lack of funding in 2008, I created a partnership between the court and the Indianapolis-Marion County Public Central Library. This partnership assisted unrepresented litigants by providing access to legal publications and forms at the Central Library. In addition, we instituted training for library staff to help them understand the needs of unrepresented litigants.
E. Indicate your experience teaching law. Provide the dates, names of institutions or programs, and a description of the subject matter taught.
1) Adjunct Professor (Fall 2018 to Present), Indiana University Robert H. McKinney School of Law
I teach Legal Communications & Analysis (“LCA”) I and II to first-year night students. The students learn the basics of legal writing. While learning how to analysis court opinions and use legal citations, students write three objective papers from the role of an associate attorney advising whether their client has a viable case.
In LCA II, I reiterate and expand on the importance of research and citation while shifting to persuasive writing. Students orally deliver two research reports, write a trial brief and an appellate brief, and present an oral argument.
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2) Legal Teaching to Judges and Attorneys
I am a frequent speaker at national, state, and local bar associations and at Indiana Judicial Conferences. I have spoken on:
● Indiana’s Commercial Court and commercial legal topics, including: - best practices on preliminary injunctions and temporary restraining orders; - electronically stored information and discovery disputes; and, - best practices on case management ● Ethics, professionalism, and civility in the profession ● COVID-19 and resuming jury trials and court operations ● Civil case management ● Legal writing ● Expert testimony ● Family law
8. Memberships and Other Activities
A. List any memberships and offices you have held in professional organizations, including dates and descriptions of the purposes of the organizations and of your involvement.
National Memberships
1) American Bar Association (ABA), Member (2009 to Present.)
The ABA’s mission is “to serve equally our members, our profession and the public by defending liberty and delivering justice as the national representative of the legal profession.” My work with the ABA has included:
Judicial Division leadership:
●National Conference of State Trial Judges. Chair, 2019-20. Immediate Past Chair, 2020 to Present. Vice-Chair, 2018-19. Secretary, 2017-18. Executive Committee, Member, 2013-17.
●National Conference of State Trial Judges. Judicial Division Record Editor, 2013-19. The Judicial Division issues a quarterly publication about current events in the division and the judiciary.
●Commission on the American Jury, Member, 2013 to Present. This commission began in 2003 “to focus on the importance of the jury in the American democratic tradition as practiced at the beginning of the 21st Century by addressing key aspects of jury composition, 31
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
comprehension, and culture.” Current projects include studying reasons for the “disappearing jury trial” and resuming jury trials during the COVID- 19 pandemic.
●Communications Committee. Chair, 2014-15. Member, 2013-14. This committee focused on establishing the best policies for communicating with our Judicial Division members.
●ABA Diversity Judicial Clerkship Program. Co-Chair, 2014-21.
Business Law Section leadership:
●Business Court Representative, 2018-20.
2) Judicial Fellow, Litigation Counsel of America (LCA). (2020 to Present.)
Litigation Counsel of America is a North American trial lawyer honorary society comprising lawyers, judges, and scholars. Invitation-only honorees are “vigorously vetted for skills, expertise and service.”
“The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers, judges, and scholars; to provide an outlet for scholarly authorship of legal articles on trial and litigation practice; to promote superior advocacy and ethical standards in the practice of law; to assist in community involvement by its membership; and to advance a superior judiciary.”
3) American College of Business Court Judges. Treasurer, 2020 to Present. Board of Directors, 2019-20. Member, 2017 to Present.
The American College was founded in 2005 to assist judges who work on complex business litigation. The organization develops educational programs to equip U.S. business court judges with the knowledge and skills to address commercial cases efficiently and professionally.
4) National Association of Women Judges. Member, 2008 to Present.
The association’s mission is “to promote the judicial role of protecting the rights of individuals under the rule of law through strong, committed, diverse judicial leadership; fairness and equality in the courts; and equal access to justice.” I serve on the below committees:
●Ethics Committee, 2013 to Present. ●Project Committee, 2014 to Present. ●District Chair for Indiana, 2020 to Present.
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JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
Statewide Membership
1) Indiana State Bar Association. Member, 1999 to Present.
The Indiana State Bar Association’s mission is “empowering members to thrive professionally and personally through advocacy, education and connections”. I serve or have served on the:
●Business Law Section, 2017 to Present. ●Judicial Improvements Committee, 2013-15. ●Committee on Juvenile Justice Summit, 2008-09.
Local Memberships
1) Indianapolis Bar Association. Member, 1999 to Present.
The bar association’s mission is “to serve its members, promote justice and enhance the legal profession.” I serve or have served on the:
●Litigation Committee, 2019 to Present. ●Wellness Committee, 2018-19 ●Legislative Committee, 2011-14. Chair, 2011-12. ●Professionalism Committee, 2013-15. ●Board of Managers, Vice President, 2011 and 2018. Member at Large, 2006-08. ●Diversity Task Force, (roughly) 2005-07. ●Pro Bono Standing Committee, Chair, 2008, Member (roughly) 2005-08. ●Bench Bar Conference Committee 2006, 2007, 2009, and 2010 ●Executive Committee, Women in the Law Division ●Indianapolis Bar Foundation, Fellow
2) Marion County Bar Association. Member, (roughly) 2006 to Present.
3) Sagamore American Inn of Court. Member, 2006 to Present.
The Sagamore American Inn of Court was founded in 1997 by Indiana Supreme Court Justice Brent E. Dickson, Marion County, and Marion Superior Judge David J. Dreyer. The Sagamore Inn was founded to provide a forum where seasoned attorneys and judges could meet with younger members of the bar to discuss ethical and legal issues related to the practice of law. Members of the Inn are assigned to groups with one or two judges and a variety of attorneys. I chair the Warren Group, which involves organizing the group to develop ideas and prepare an annual presentation to the members for Continuing Legal Education credit. 33
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
B. List any memberships and offices you have held in civic, charitable, or service organizations, including dates and descriptions of the purposes of the organizations and of your involvement.
1) Big Brothers Big Sisters of Central Indiana:
● Board Member, 2007-10 ● Quality Assurance Task Force Member, 2013 to Present.
2) Dynamo FC Soccer Club:
● President, 2013-15 ● Board Member, 2011-16
Dynamo FC is a nonprofit travel soccer club. Both sons played at this club for many years.
3) Catholic Charities’ Spirit of Service Development Committee:
● Board of Directors, 2012-14
This organization serves any person needing services in central Indiana regardless religion, social or economic background. It was founded in 1919 to serve the poor in Indianapolis. The programs provide counseling, child, youth, and family support, and emergency services. The board discussed how to serve people in Indianapolis living below the poverty level better, including through expanded services.
4) National High School Mock Trial Competition:
●Advisory Committee, 2011-13 ●Steering Committee, 2018-20
The Mock Trial Competition introduces Indiana high school students to the judicial branch of government and the legal system. When the national competitions were held in Indiana, I judged many rounds of the competitions, including the final round on two occasions.
C. List any memberships you hold in social clubs or organizations. If any restrict its membership on the basis of race, sex, religion, or national origin, please describe your efforts within the organization to eliminate restrictions.
St. Thomas Aquinas Church, Member, 1998 to Present.
D. Describe your hobbies and other leisure activities. 34
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
Our family’s favorite activity is snow skiing in Colorado, New Mexico, or Wyoming. When my sons were growing up, we enjoyed traveling in the United States by car and visited 35 states. Before my two sons left for college in August 2020, they both participated in travel soccer and high school soccer. I still enjoy watching soccer and return to watch a few high school games each season. In my spare time, I am an avid exerciser and enjoy yoga, pilates, biking, hiking, and listening to audiobooks.
9. Legal Proceedings
A. List any lawsuits or legal proceedings in any jurisdiction, including but not limited to bankruptcies, dissolutions, and criminal matters to which you have been a party. Provide dates, case numbers, courts, names of other parties, and, if needed, a brief explanation. (If minor children are involved [i.e. an adoption], use initials only.)
Jesse Clements v. Hon. Heather Welch, Hon. John Hanley, Davina Curry, Hon. Tim Oakes, 32D05-1304-MI-000082. Hendricks Superior Court Judge Stephanie Lemay-Luken presided over the case. The complaint was filed by pro se litigant Jesse Clements on April 12, 2013. The complaint was titled Petition for Order to Perpetuate Testimony. The 13-page complaint was confusing and difficult to understand, but it appears Mr. Clements sought to depose the judges who presided over litigation he was a party to in Marion Superior Court. The case was dismissed Jan. 29, 2014.
Evelyn Mills Keaton, on her own behalf and for any similar situated persons, Estate of Harvey Keaton by Evelyn Lecia Keaton as Personal Representative v. Summit Management DBA McDonalds, McDonalds Corporation Store #20893 AISAOA; Judge Heather Welch, Marion Superior Court Civil 1 Presiding Judge, State of Indiana Court System by Supreme Court Chief Justice Rush. The Complaint was filed March 2, 2016, in U.S. District Court, Southern District of Indiana, Civil Docket for Case#: 1:16-cv-00485-JMS-MJD. The Plaintiff alleged that I was in violation of Title II of the Americans with Disabilities Act because of rules I had established for taking of a witness’s deposition in a civil case I was presiding over in Marion Superior Court, Civil Division, Room One. On April 30, 2016, the plaintiff filed a Notice of Voluntary Dismissal.
B. If you ever have been arrested or cited for any violation of the law other than for routine traffic violations, provide dates, jurisdictions, and an explanation of the event and its resolution.
No.
C. If you have been disciplined or cautioned, formally or informally, by the Indiana Supreme Court Disciplinary Commission, by the Indiana Commission on Judicial Qualifications, by the Indiana Supreme Court, or by similar entities in any other 35
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy
jurisdiction, identify each instance by date, case number (if applicable), and describe the circumstances and the nature of the outcome or resolution.
No.
D. If you have any outstanding federal, state, or local tax obligations, please itemize and explain.
No.
10. References
A. Provide the names of three attorneys who have been your professional adversaries in your practice or who have litigated substantial cases in your court and who would be in positions to comment on your qualifications for appointment to the Indiana Court of Appeals (contact information to be included in Part Two of this application).
1) John Maley, partner, Barnes & Thornburg LLP.
2) John David Hoover, partner, Hoover Hull Turner LLP.
3) Kathy Lee, partner, Christie Farrell Lee & Bell, P.C.
B. Provide the names of three professional references other than those listed in Subsection 10A (contact information to be included in Part Two of this application).
1) Kevin Brinegar, president and CEO, Indiana Chamber of Commerce.
2) Wayne Turner, partner, Hoover Hull Turner LLP.
3) James Voyles, partner, Voyles Vaiana Lukemeyer Baldwin & Webb.
C. Provide the names of three personal references other than those listed in Subsection 10A or 10B (contact information to be included in Part Two of this application).
1) Susan Brock Williams, government relations director, Purdue University.
2) Paul “Whitey” Kapsalis, author, motivational speaker, and former Indiana University soccer player.
3) Andrea Neely, Indianapolis regional development director, UNCF (formerly United Negro College Fund).
D. Complete an Indiana State Police release form printed on green paper (you may obtain the release form by contacting the Nominating Commission Office at
36
JUDGE HEATHER A. WELCH Indiana Court of Appeals Fall 2021 Vacancy [email protected]). Include the release form with the original application only and not with the copies.
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JUDGEHEATHERA. WELCH Indiana Court of Appeals Fall 2021 Vacancy
E. Attach a recent color photograph of you to the front of the original application and to each copy of your application.
Q~ ,Ti1aoU- \ D te Applicant Signature
Printed Name
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