Update: Georgia House of Representatives Introduces Proposed Constitutional Amendment Creating Business Court

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A proposed constitutional amendment creating a statewide Business Court was introduced in the Georgia House of Representatives on January 31, 2018.  The key points are as follows:

  • Enabling legislation would be required within 24 months from the effective date of the constitutional amendment.
  • Venue for pretrial proceedings would be proper “in any county as provided for law.”
  • Venue for a trial, however, would be controlled Article VI, Section II of the Georgia Constitution.
  • Business court decisions would bind state and superior courts unless contrary to Supreme Court or Court of Appeals’ authority.
  • All business court judges would be appointed by the Governor for a 5-year term and would not be subject to any term limits.
  • The proposed ballot language in November 2018 is as follows: “Shall the Constitution of Georgia be amended so as to create a state-wide business court to lower costs, improve the efficiency of all courts, and promote predictability of judicial outcomes in certain complex business disputes for the benefit of all citizens of this state?”

Ichter Davis will continue to closely track legislative action on this issue during the session.  Stay tuned for updates.

William Daniel Davis

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