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January WLD Member of the Month: Hon. Heather Welch - Women and the Law News

Women and the Law News


Posted on: Jan 18, 2024

The Hon. Heather A. Welch

Member of the Month: Hon. Heather Welch, Marion Superior Court

How long have you been a judicial officer?

I have served as a judicial officer for 23 years. I began serving in February of 2001 as a Commissioner/Magistrate Judge for Judge Tanya Walton Pratt and Judge David Dreyer. I was elected to the Marion Superior Court in November of 2006 and began serving as Judge in a criminal court in 2007. In 2009 I moved to the Civil Division and became an Indiana Commercial Court Judge in 2016.

What challenges did you face as a female judicial officer?

I think the biggest challenge as a young female judicial officer in my late thirties/early forties was convincing attorneys that I had the intellectual ability and work ethic to manage complex negligence and business cases.

Who were some of your female mentors?

I have been fortunate to have many female mentors that include Judge Tanya Walton Pratt, Judge Maggie Robb, Judge Patricia Gifford, and Judge Toni Clarke, Retired Judge from Maryland.

What did you learn from your female mentors?

Have thick skin and don't take things personally. Be kind, patient, and courteous to all attorneys, litigants, and witnesses. Do your best each day.

How has the role of female judges changed since you were a judicial officer?

When I started in 2001, I vividly remember Judge David Dreyer preparing me for the first judicial conference. He let me know that most of the Indiana Judiciary would be men and many might not think I was a judicial officer. Things have certainly changed. In 2019, the judges of the Marion Superior Court elected an all-female Executive Committee, which governs all administrative aspects of the largest trial court in the State of Indiana.

What was your favorite aspect of being a judicial officer?

I have loved working with attorneys in addressing their clients' legal disputes. I feel fortunate to have had the ability to preside over cases with talented and experienced attorneys and through this experience I have learned and watched and improved myself as a judge each day.

What changes did you see in the commercial courts?

The Indiana Commercial Courts have been a resounding success since their inception in June of 2016 and provide an important forum for business disputes to be resolved in at the speed business in a consistent, and predictable fashion. The changes that have been implemented since the pilot project was created in June of 2016 include:

  • May of 2019 the Indiana Commercial Courts became a permanent part of the Indiana Judiciary
  • In January of 2021, the Indiana Supreme Court increased the number of Commercial Court Judges from 6 to 10
  • The Indiana Commercial Court Committee has created a Treatise which is a comprehensive review of Indianan Appellate cases on commercial matters.
  • The jury instructions subcommittee of the Indiana Commercial Court Committee has developed new jury instructions which have been added to the Model Civil Jury Instructions
  • The Court Appointed Neutrals Subcommittee has developed a list of attorneys which the Commercial Court Judges and litigators can review if they need a court appointed neutral to assist on a case.

However, I anticipate the committee will continue to implement future changes for the betterment of the Commercial Courts.

Do you have any advice for your predecessor, Judge Christina Klineman?

Work hard, be confident in your abilities, always do your best but once a case is decided don't look back and move on to the next challenging case and be grateful for the talented and experienced attorneys you get to work with.

Do you have any additional advice for female lawyers and working mothers?

This is a tough one as my son Jake was two when I started as a Judicial Officer in 2001 and then my son Matt was born during my service on the Marion Superior Court. Recently, I participated in an IndyBar CLE with Myra Shelby, Ice Miller partner and former justice on the Indiana Supreme Court, and Magistrate Patricia "Trish" McMath. A young female attorney asked us how do you find work-life balance. our answer was "we have not found it yet". But in all seriousness, here is my advice for what its worth.

  • It takes a village to raise children and work in the legal field
  • Take care of yourself physically and emotionally
  • Learn to say "no, but thank you for asking me to participate and keep me in mind in the future"
  • Know there will always be plenty of work but that each day cannot be all work and that spending time with family and friends can energize you
  • Vacations are key to your success and well-being

What do you plan to do after retirement?

I plan to work for JAMS which stands for Judicial Arbitration and Mediation Services, a national ADR provider. I am looking forward to handling mediations, arbitrations and neutral work in Indiana and other parts of the US. I also have been certified as a Senior Judge and hope to continue to assist the Judges of the Indiana Commercial Courts in court and by continuing my service on the Indiana Commercial Court Committee. I also plan to continue my work in the ABA Judicial Division as I will become the Chair in August of 2024 and will continue to serve as the Board of Directors of the National Association of Women Judges.

What aspects of "retirement" are you looking forward to (as we know you will not stop working)?

Well, I fully anticipate I will not slow down with my work at JAMS, as a Senior Judge, and an Adjunct Professor at Indiana University Robert H. McKinney School of Law teaching Legal Writing, but I am hoping to fit in a few vacations to the ski slopes or hiking in Colorado, and to new destinations, and most of all spending more time with family and friends.

What would you like your legacy to be?

That I was a fair, patient, and hard working judge who was able to assist lawyers and their clients in efficient resolutions of their disputes. That I cared about the administration of justice and wanted all parties to have access to justice. That I was some small part in bringing and keeping Indiana Commercial Courts as a part of the Indiana Judiciary to make sure that business disputes are given the same access at the speed of business by Judges with special expertise.

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