The Oklahoma Supreme Court ruled the state’s new law creating business courts in Tulsa and Oklahoma counties is unconstitutional.
Governor Kevin Stitt championed the effort to create business courts and said it would make Oklahoma more competitive when recruiting businesses.
“Businesses need assurances that disputes will be adjudicated by courts with expertise in business law,” Governor Stitt said during a State of the State address calling on lawmakers to pass a law establishing business courts.
Lawmakers did just that with Senate Bill 632 and Governor Stitt signed it into law earlier this year.
A lawsuit was filed challenging SB 632 and the case made its way to the state’s highest court.
In its ruling, the Oklahoma Supreme Court explained why it was shot down.
“Several aspects of Senate Bill 632 violate the Oklahoma Constitution, and non-offending sections are not capable of being severed and executed in accordance with the legislative intent. We therefore conclude Senate Bill 632 is unconstitutional, void in its entirety, and lacking legal enforceability.”
The court said SB 632 would’ve given the governor the power to appoint business court judges with confirmation from the state Senate. The state Supreme Court said that is a violation Article VII, Section 9 of the Oklahoma Constitution.
The court said the state constitution requires district judges be elected by the voters.
Governor Kevin Stitt issued the following statement in response to the Oklahoma Supreme Court’s ruling.
“The Supreme Court’s decision to block the business courts law passed by a bipartisan super majority mandate of the legislature stands in stark contrast to our reputation as the most business friendly state. There is still a need and overwhelming bipartisan support for specialized business courts, and as was acknowledged in the decision, a path forward to establishing such courts in Oklahoma. The dissenting Justices had the case right, and while the outcome is disappointing, it will not deter us from our mission to make Oklahoma top 10 in everything we do.” -Governor Kevin Stitt
