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Oklahoma Supreme Court strikes down law creating business courts

Oklahoma Supreme Court strikes down law creating business courts

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The Oklahoma Supreme Court has struck down one of the top priorities of the other two branches of government, calling the creation of unelected business court judges unconstitutional.

The Oklahoma Legislature passed a bill in May that created two new courts focused solely on business and corporate matters. A day after receiving the bill, Gov. Kevin Stitt signed it into law and celebrated it as a win for the business-friendly state.

But there was an objection.

A group of attorneys brought Stitt to the Oklahoma Supreme Court in June, arguing that the new law was unconstitutional. And on Oct. 7, the court ruled 6-2 that the bill could not become law.

Justice Noma Gurich wrote the opinion, to which four other justices joined. Another justice agreed in part with the outcome of the ruling.

Gurich wrote that the bill created two new districts in Oklahoma’s district court system but didn’t follow the state constitution’s requirement that district judges be elected by the people.

Instead, the bill would have had two business court judges appointed by the governor from a list of three names supplied by the Speaker of the House. Then, the Senate would get a chance to approve the appointment.

The parties have 10 days to ask for a rehearing.

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