Georgia: plan calls for creation of brand new type of court to handle business cases; judges would be picked by Governor; plan similar to one proposed in Texas

Georgia has one of the most complex trial court systems in the nation, with at least 6 distinct trial courts (Superior, Probate, State, Magistrate, Municipal, and Juvenile). Now legislators are pushing to create a separate 7th court: Business Court. This system would be used rather than as is the case now of having special dockets/calendars in existing courts (for example Fulton County Superior Court).

HR 993 would amend the state’s constitution to create a Business Court within 24 months of approval by the voters. The court’s decisions would be binding on all other courts except the Supreme Court and Court of Appeals.

Moreover, unlike the state’s other courts which are mostly elected, Business Court judges would be appointed by the Governor with no senate confirmation or election (retention or otherwise) for 5-year terms and reappointed by the Governor at will.

The plan bears striking similarities to the Chancery Court plan proposed in the Texas legislature in 2015 and 2017 and discussed here and here.

The judges would have to be admitted to the practice of law for 7 years and “have significant experience in business or other complex litigation” but there is no indication how that is supposed to be measured. A similar problem occurred when Washington State’s proposed a distinct Tax Court (see here).

Finally, HR 993 provides the language to be used on the ballot

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?