Update: Senate Judiciary Committee Favorably Reports Proposed Constitutional Amendment Creating Statewide Business Court

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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

 

 

 

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