A group of Oklahoma City attorneys filed a lawsuit against Gov. Kevin Stitt this week, requesting the Oklahoma Supreme Court prevent the creation of a business court system they consider unconstitutional.
Petitioners Joe White and Jason Waddell, alongside their attorney Bob Burke, are asking for a permanent injunction against the enforcement of Senate Bill 632.
The bill will create two specialized courts in Tulsa and Oklahoma counties to handle complex business litigation involving damages exceeding $500,000. Each court would include judges appointed to eight or four-year terms by Stitt, depending on the county.
It was approved by over three-fourths of the Oklahoma legislature on fourth reading in late May and is intended to take effect in September.
The petitioners argue the three-month period between passage and implementation means a court decision is urgent.
White, Waddell and Burke want the Oklahoma Supreme Court to declare the bill unconstitutional and issue a temporary injunction to prevent Stitt from appointing judges.
They argue the bill unconstitutionally creates a barrier to services through a $1,565 filing fee, which they say violates Oklahoma law. The law requires the courts to be open to every person and rights administered without "sale, denial, delay, or prejudice."
"Considering the average income and the cost of living, a potential plaintiff facing the payment of $1,565.00 to file a Business Court lawsuit to enforce his legal rights shuts the courthouse doors for many," a court filing reads.
The attorneys also argue the bill bypasses the state's Oklahoma Judicial Nominating Commission by allowing the Oklahoma Speaker of the House to nominate candidates for the business courts, citing Okla. Const. Art. 7B, § 3. It states the commission has jurisdiction to determine whether qualifications for judicial office have been met.
Created in 1967, the commission nominates candidates for the Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals, District and Associate District Judgeships.
"On its face, SB 632 is unconstitutional for allowing the appointment of a business court judge by skirting the JNC completely," The court filing reads. "The constitutional provisions regarding the JNC are ignored both in the original appointment of business court judges and in filling a vacancy on the business court."
Stitt is a proponent of the business court system, saying it could attract businesses to the state. He celebrated the passage of SB 632 in May.
"You've heard of the state of Delaware … no more … Oklahoma's replacing them, we're gonna be the most business-friendly state," Stitt said. "The corporations will wanna be located in our state because we have business-friendly courts now."
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