Kids in IHSAA Sports? Better Know Judge Welch

For Friends

...and Indy courts

...and an attorney that is frequently successful in Indy courts, even though it probably won't matter.

If you have kids in IHSAA sponsored sports, and you end up in court for any reason, no matter who files suit, you might be surprised to discover that court will be in Marion County (Indianapolis). You might be even further surprised that IHSAA might pick a specific judge, who is Judge Heather Welch.

Don't believe me? Have friend that is a litigation attorney read this post.





How you get stuck in Marion County
...because you signed a contract agreeing to, and you might not even remember. Does this form look familiar?

If your kid plays high school sports in Indiana you and your child both signed it. Comes right along with the Physical Evaluation Form. Notice this excerpt in paragraph "E":

Do you remember agreeing to that provision?

So facing a lawsuit, you are now going to be paying a big city lawyer for phone meetings, and driving to Indy for court (leaving at 5:30 a.m. for a 9:30 am hearing to factor for city traffic, parking, walking--almost like I would know). 

Ok Aaron. I concede that. But what about them picking a judge. They can't do that. Isn't there random judicial selection or something? I won't necessarily get Judge Welch, right? 

You might. Especially if your attorney doesn't know the rules. Or feels obligated to keep the IHSAA from added litigation, and gives the appearance of representing you.

Now I cannot guarantee that you will end up in Welch's court. But it is very possible. 

How You Get Stuck with Judge Welch

First, you need to know how you end up in front of her. Judge Welch oversees Marion County Commercial Court. All commercial cases in (and around) Indy go before her if either party requests. 

...but Aaron a lawsuit between an athlete and IHSAA isn't a business issue. 

Well that's a rational argument, which doesn't always matter... 

• Non-profits, associations, corporations, partnerships and more all count as businesses. Basically anything that is not an individual person. Not sure which IHSAA is, but they fit.
• Although the main problem in the case is supposed to be business related, you would have the burden to make a later argument that nothing is business related. 

And guess what?

Contracts are included in the list, like the one you signed up above. 

So if you sue IHSAA, they can make it about a breach of contract. And if you don't argue that, they'll probably say that they owed no duty to your athlete (at which point you will be forced to produce the contract, and you'll be in front of Welch). 

And if you assume a little judicial preference (don't want to say bias because judges don't ever have that), then you are going to stay in Welch's court unless you Indiana Jones yourself out.

Better instead to avoid agreeing in the first place if it's not too late...