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Business courts could soon be established in Oklahoma. Critics are worried.
Business courts could soon be established in Oklahoma. Critics are worried.

Yahoo

time6 days ago

  • Business
  • Yahoo

Business courts could soon be established in Oklahoma. Critics are worried.

A bill designed to establish business courts in Oklahoma — a key part of the Republican-led Legislature's budget agreement with Gov. Kevin Stitt — sailed through both chambers on what figures to be the penultimate day of the four-month legislative session. Senate Bill 632 has seen multiple iterations and ridden a proverbial legislative roller coaster during that time, but it now has ended up on Stitt's desk, awaiting his signature. On the morning of Wednesday, May 28, the Senate approved the bill 39-7. Later in the day, the House sent the legislation to the governor's desk in a 77-12 vote. The creation of courts designed to handle complex business litigation long has been a goal of Stitt, as he believes the existence of such courts will help make Oklahoma appear more friendly to potential businesses looking for a place to locate. Critics have said having business courts could raise the specter of those courts providing preferential treatment to businesses over people seeking to sue them for alleged wrongdoing. They've also noted that by creating the courts, the Legislature is supporting an expansion of government, a point noted Wednesday by Sen. David Bullard, R-Durant, a leader of the Senate's far-right members. Bullard asked Sen. Brent Howard, R-Altus, who was presenting the bill, 'Are we growing government or shrinking it?' Howard eventually acknowledged it was growing government, and Bullard eventually voted in favor of the bill. One far-right senator, Sen. Warren Hamilton, R-McCurtain, joined six of the Senate's eight Democrats in voting against the bill. The legislation would create a business court in any judicial district in Oklahoma containing a county with a population of more than 500,000 — essentially, Oklahoma and Tulsa counties. Howard said the physical location of the two courts would be worked out between the chief justice of the Oklahoma Supreme Court and the Oklahoma Office of Management and Enterprise Services. The salary of a business court judge will be the same as that of an associate justice on the Oklahoma Supreme Court. Currently, that's $161,112, but a bill that's not yet been acted upon by Stitt would raise that number to $185,612. According to an analysis by the Administrative Office of the Courts, the business court system will cost taxpayers about $2 million to establish. Opponents of the bill have pointed out that the court system would also cost millions of dollars a year to run. The business courts would focus on disputes regarding Oklahoma's complex business laws, including securities, trade secrets, professional malpractice, contracts, commercial property, intra-business disputes and e-commerce. Under the legislation, for an issue to be considered by the court, the amount in controversy must be $500,000 or more. The bill also would require any non-jury trial in a business court to be resolved within 12 months. Any party can transfer a legal case into the business court if a district judge determines the business court has subject-matter jurisdiction over the case. The bill, authored by Senate President Pro Tempore Lonnie Paxton, R-Tuttle, and House Speaker Kyle Hilbert, R-Bristow, had a long journey through the Capitol. Its stops included hearings by four committees, House amendments to the bill that were rejected by the Senate, and two conference committee reports, including one that was rejected on May 22. Members of both chambers on the conference committees agreed on the bill's final language on Tuesday, May 27. This article originally appeared on Oklahoman: What is a business court? Oklahoma poised to establish with SB 632

Legislature signs off on creation of Oklahoma business courts
Legislature signs off on creation of Oklahoma business courts

Yahoo

time28-05-2025

  • Business
  • Yahoo

Legislature signs off on creation of Oklahoma business courts

Sen. Brent Howard, R-Altus, presents a bill in the Senate on Monday, May 5, 2025. (Photo by Janelle Stecklein/Oklahoma Voice) OKLAHOMA CITY – The Legislature on Wednesday advanced a measure to Gov. Kevin Stitt to create the state's first business court system. Senate Bill 632 would create a business court in Tulsa and one in Oklahoma City. The specialized courts would only hear business-related disputes that involve at least $500,000. Proponents argue the courts are designed to attract economic growth and investment by making outcomes more efficient and predictable and less costly. In other states, they've also helped reduce the backlog of civil cases. Over two dozen other states already have adopted similar models. The selection process for Oklahoma's judges would be outside the parameters of the Judicial Nominating Commission, which interviews candidates for judicial vacancies and submits three names to the governor. Senate confirmation is not required. Under the measure, the Oklahoma House Speaker would submit three candidates to the governor for consideration. The governor would choose a judge from among those selections. The governor's selection appointment would be subject to Senate confirmation. The business court judge would serve for eight years and be subject to reappointment, according to the measure. To be eligible, a person must be at least 35 years old, a U.S. citizen and a licensed attorney in good standing with 10 or more years experience in certain areas, including complex business litigation, business transaction law, and as a judge or clerk in an Oklahoma court with civil jurisdiction. Sen. David Bullard, R-Durant, asked if the state was growing government. Sen. Brent Howard, R-Altus, said the state is adding two new judges, at least two new law clerk positions and two new bailiff posts. 'Yes,' Howard said. 'It's growing positions within government.' Howard said creation of the new system will have a fiscal impact of about $2 million. The bill passed the Senate by a vote of 39-7 and the House by a vote of 77-12. Stitt has supported creating the specialized courts that deal with commercial legal issues, arguing that business disputes and complicated contracts must be resolved by judges with business expertise. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE

Oklahoma nearly finished with bill to create new courts for business lawsuits
Oklahoma nearly finished with bill to create new courts for business lawsuits

Yahoo

time12-05-2025

  • Business
  • Yahoo

Oklahoma nearly finished with bill to create new courts for business lawsuits

One of Gov. Kevin Stitt's top priorities for this year's legislative session has been the creation of a special state court to handle complex business litigation. Three weeks before the end of the legislative session, it's unclear whether he'll get his wish. House lawmakers advanced Senate Bill 632 on a mostly bipartisan vote of 71-19. The Senate now has three weeks to agree with changes made by the House to the bill or stall its progress while both sides negotiate on a final version. Supporters have said business courts will be more prepared to handle the often complex and lengthy dockets that come with business litigation. While some lawmakers have expressed concern that a separate court system would provide special treatment to businesses beyond what other civil litigants face in district court, the bill has sailed through the Legislature this year without any significant public opposition. If signed into law, SB 632 would create two new specialized business courts in Tulsa and Oklahoma counties. The courts would focus on disputes around Oklahoma's most complex business laws like securities, trade secrets, professional malpractice, contracts, commercial property, intra-business disputes and e-commerce. It also requires that any non-jury trial in a business court must be wrapped up within 12 months. Judges in the two courts would be appointed directly by the governor and serve six-year terms. More: How Oklahoma leaders at Supreme Court hearing on religious charter school responded to arguments In Stitt's State of the State speech in February, he called for legislation that would "make sure business disputes and complicated contracts will be handled by judges with business expertise." Under SB 632, business court judges would need to be at least 35 years old, a U.S. citizen and be a licensed Oklahoma attorney with at least 10 years of experience in complex civil litigation, business law and/or previous experience as a civil court judge. During presentation on the House floor on May 8, lawmakers amended SB 632 to push back the effective date one year to July 1, 2027, meaning Stitt's successor would be in charge of appointing the first business court judges. House lawmakers also agreed to add a paragraph that requires all parties to agree on having their case be heard in business court. If the Senate agrees to those changes sometime in the next three weeks, it will go to the governor for his signature. The lawmaker who presented the bill in the House, state Rep. Collin Duel, R-Guthrie, said he didn't know whether the Senate would agree to the changes. This article originally appeared on Oklahoman: SB 632 to create business court in Tulsa, Oklahoma counties advances

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