§20-91.7b. Business court judges — Appointment — Eligibility —

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Term.

A. 1. Each business court shall consist of one business court judge to be appointed by the Governor with the advice and consent of the Senate. If the Legislature is not in regular session when an

appointment is made, the appointee shall assume the office on an interim basis until the Senate takes final action to either confirm or reject the appointee. The Governor shall choose an appointee for any vacancy from a list of three candidates provided by the Speaker of the House of Representatives. If the Governor rejects all three candidates, the Governor may request a subsequent list of candidates from the Speaker. The Speaker shall provide such subsequent list to the Governor within forty

(40)days of the request. If such subsequent list is not provided, the Governor may appoint any person who meets the qualifications set forth in paragraph 2 of this subsection.

2. To be eligible for appointment, a business court judge shall be:

a. at least thirty-five

(35)years of age,

b. a United States citizen, and

c. a licensed attorney in good standing in this state

with ten

(10)or more years of experience in:

(1)practicing complex civil business litigation,

(2)practicing business transaction law,

(3)serving as a judge or clerk of a court with civil

jurisdiction, or

(4)any combination of experience totaling ten

years as described by divisions 1 through 3 of

this subparagraph.

B. 1. A business court judge shall serve a term of eight

(8)years, except as otherwise provided by this subsection, beginning September 1, 2025, and may be reappointed. The first business court judge appointed to Business Court Division II shall serve a term of four

(4)years beginning September 1, 2025, and may be reappointed. A business court judge shall take the constitutional oath of office required of appointed officers of this state and file the oath with the Secretary of State. A business court judge shall serve the full term to which he or she was appointed and shall continue to serve until a replacement is appointed and assumes office.

2. If a vacancy occurs in the office of a business court judge due to death, incapacity, resignation, or impeachment, the Governor shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment.

3. Upon request by a business court judge, the Chief Justice may appoint a district court judge to sit in designation temporarily as a business court judge to assist in caseload management. The designated district court judge shall have the same authority as the business court judge in relation to the cases assigned to them during such designation. Added by Laws 2025, c. 316, § 5, eff. Sept. 1, 2025.