Update: Senate Judiciary Committee Favorably Reports Proposed Constitutional Amendment Creating Statewide Business Court
On March 23, 2018, the Senate Judiciary Committee favorably reported HR 993 (the proposed constitutional amendment creating a statewide business court) with certain changes. Some of those changes include:
- Requiring each Superior Court in every county to create a business court division (which would have jurisdiction within a judicial circuit);
- Providing for concurrent jurisdiction in equity cases between Superior Courts and the Business Court and requiring agreement of the parties to transfer a case from Superior Court to the Business Court; and
- Limiting the Governor’s power to unilaterally appoint Business Court judges by requiring approval by a majority vote of both the Senate and House Judiciary Committees.
Today is the final day of the 2017-2018 legislative session. If the Senate passes HR 993 as amended, either the House will need to approve in a re-vote or both the House and Senate will need to approve a conference committee reconciliation, in both cases by the end of the day, for a proposed Constitutional amendment to be put to the voters this year. Stay tuned.
William Daniel Davis