[Effective November 28, 2028, if the provisions of Assembly Joint Resolution No. 8 (2025) are agreed to and passed by the 2027 Legislature and approved and ratified by the voters at the 2028 General Election.]
- 1. The Legislature may, to the extent money is available, provide by law for the establishment of a business court consisting of three judges or such greater number as the Legislature may provide by law pursuant to subsection 9.
- 2. If the Legislature provides by law for the establishment of a business court pursuant to subsection 1, the business court shall have exclusive original jurisdiction to hear disputes involving shareholder rights, mergers and acquisitions, fiduciary duties, receiverships involving business entities and other commercial or contractual disputes between business entities and any other business disputes of a similar nature in which equitable or declaratory relief is sought. Upon receipt of a petition, the chief judge of the business court may, in his or her reasonable discretion, order the transfer of a dispute presented to the business court to the appropriate district court if the chief judge finds that the dispute would be more appropriately adjudicated in the district court.
- 3. If the Legislature provides by law for the establishment of a business court pursuant to subsection 1, the Legislature shall:
- (a) Establish by law a Special Nominating Commission for the selection of nominees for the office of business court judge and prescribe by law the composition of the Commission in accordance with subsection 5;
- (b) Prescribe by law the procedures governing the nomination process of the Special Nominating Commission;
- (c) Provide for the appointment of:
- (1) Business court judges by the Governor in accordance with subsection 4; and
- (2) A chief judge of the business court by the Chief Justice of the Supreme Court;
- (d) Prescribe by law the powers, duties and responsibilities of business court judges in accordance with subsection 6; and
- (e) Fix by law the:
- (1) Terms of office of business court judges in accordance with subsection 7; and
- (2) Term of a chief judge of the business court in accordance with subsection 8.
- 4. The judges of the business court must be appointed by the Governor from among three nominees selected for each individual seat by the Special Nominating Commission established pursuant to paragraph (a) of subsection 3. A nominee selected by the Commission must, as determined in the reasonable discretion of the Commission, have substantial experience as a practitioner or judge in one or more areas of law within the jurisdiction of the business court.
- 5. The Special Nominating Commission must be composed of the following members, or their respective designees:
- (a) The Speaker of the Assembly;
- (b) The Majority Leader of the Senate;
- (c) The Chief Justice of the Supreme Court of Nevada;
- (d) The Chief Judges of the two most populous judicial districts;
- (e) A district judge from a judicial district other than the two most populous judicial districts; and
- (f) Such additional members as the Legislature may prescribe by law.
- 6. A business court judge must, for matters within the jurisdiction of the business court, have the same powers and duties and be subject to the same limitations and restrictions that are applicable to a district judge.
- 7. Except for the business court judges initially appointed, the term of office of each business court judge must be 6 years. Each business court judge who desires to succeed himself or herself must, on or before July 1 next preceding the expiration of his or her term of office, declare his or her candidacy in the manner provided by law. With respect to each business court judge who so declares, the question must be presented at the next general election, in a form provided by law, whether that business court judge shall succeed himself or herself. If 55 percent or more of the votes cast on the question are in favor of the business court judge succeeding himself or herself, the business court judge shall succeed himself or herself. The term of office of each business court judge who succeeds himself or herself is 6 years, and that term begins on the first Monday of January next following the general election at which the business court judge was chosen to succeed himself or herself. If a judge does not declare his or her candidacy or if less than 55 percent of the votes cast on the question are cast in favor of the business court judge succeeding himself or herself, a vacancy is created at the expiration of his or her term which must be filled by appointment pursuant to subsection 4.
- 8. Except for the initial chief judge of the business court, the chief judge serves a term of 6 years. The chief judge may:
- (a) Succeed himself or herself.
- (b) Resign the position of chief judge without resigning from the business court.
- 9. If the Legislature provides by law for the establishment of a business court pursuant to subsection 1, the Legislature may, as the caseload of the business court may require and to the extent that money is available therefor, provide by law for an increase or decrease in the number of business court judges or divisions of the business court as may be necessary for the proper and timely administration of the business court docket.
- 10. The Supreme Court has exclusive appellate jurisdiction in all cases arising in a business court.
(Proposed new section passed by the 2025 Legislature; effective November 28, 2028, if agreed to and passed by the 2027 Legislature and approved and ratified by the voters at the 2028 General Election. See: Statutes of Nevada 2025, p. 3910.)