The Oklahoma Bar Journal April 2026

an enumerated list. 20 Second, the preliminary report recommended that the business courts also have the ability to exercise supplemental jurisdiction over all pending claims that are so related to the claims provided in connection with its exercise of concurrent jurisdiction that such pending claims form part of the same case or controversy. 21 The preliminary report also recom mended specific types of cases that should not fall within the business courts’ jurisdiction and that there be a procedural process implemented that allows for direct filing, sua sponte transfer, removal, supplemen tal jurisdiction and modern service requirements. 22 Finally, the prelimi nary report outlined the task force’s recommendations as it relates to judicial qualifications. 23 The report recommended that business court judges meet the following require ments: 1) be at least 35 years of age, 2) be a United States citizen and 3) be a licensed attorney in good standing in this state who has 10 or more years of experience: a) practic ing complex civil business litigation, b) practicing business transaction law, c) serving as a judge of a court in this state with civil jurisdiction or d) any combination of experience described by provisos a) through c). 24 The preliminary report did not address the manner of judicial selection. SB 632 and HB 1562. After considering the task force’s rec ommendations in the preliminary report, Sen. Lonnie Paxton, Rep. Kyle Hilbert and Rep. Collin Duel authored SB 632 for consideration during the first regular session of the 61st Legislature. To enhance the likelihood of consideration, Sen. Paxton and Rep. Duel also authored House Bill 1562. 25 The two bills were similar but not identical. 26 Both bills

five appointed by the governor, two appointed by the president pro tempore of the Senate, two appointed by the speaker of the House, one appointed by the chief justice of the Oklahoma Supreme Court and one appointed by the administrative directors of the courts. The task force was created to conduct a study to analyze the implementation, effect and impact of creating a business court system in Oklahoma. 15 In its study, the task force was to consider a variety of factors, including the existing Oklahoma court struc ture, the court structures of other states, matters that shall and shall not be heard in the business courts and the manner in which business court judges are to be selected. 16 On Dec. 3, 2024, the task force submitted its preliminary findings and recommendations (the prelim inary report). 17 The preliminary report addressed the purpose of the business courts, the juris diction exercised by the business courts, the procedural processes of the business courts and the qualifications of the judges of the business courts. 18 The preliminary report’s stated purpose for business courts was to “streamline procedures to resolve cases faster, reducing disruptions for business and providing predict able legal environment essential for strategic planning.” 19 The jurisdic tional scheme recommended by the preliminary report involved the business courts having the authority to exercise concurrent jurisdiction and supplemental juris diction relating to certain types of cases. First, the preliminary report recommended that the business courts “exercise concurrent juris diction and the powers of a court of equity” over cases falling within

jurisdictions. 7 The third type of business courts is a combination of the first and second types, having both objective and subjective com ponents to the business courts’ juris dictional parameters. 8 As discussed later, the business courts established under SB 632 appear to fall into the third category of business courts with both mandatory and discre tionary jurisdictional components. HISTORY OF BUSINESS COURTS Business Courts in the United States Currently, over half of the states have implemented some sort of business court or special ized docket focused on complex commercial matters. The earliest court was the Delaware Court of Chancery, which was established in 1792. 9 The Court of Chancery is a key attraction that has made Delaware the favored state for incorporation by more than half of the publicly held corporations and two-thirds of Fortune 500 com panies in the United States. 10 Fast forward 200 years to the 1990s: New York, New Jersey, Illinois and North Carolina each established their own set of business courts. 11 Over the next three decades, 22 other states joined the ranks, making specialized business courts a common judicial feature. 12 Business Courts in Oklahoma The Task Force for the Study of Business Courts. 13 In May 2024, the Legislature passed, and the governor signed, Senate Bill 473 (SB 473), creating business court- specific judicial offices in the Oklahoma and Tulsa County courts and establishing the Task Force for the Study of Business Courts. 14 The task force is comprised of 11 members:

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL