The reaction of lawyers and judges has been good and the effort has apparently increased productivity in the Commercial Parts. A panel of the New York State Bar Association has recommended the adoption of a business court in the state. Pennsylvania, Massachusetts and California have also seen efforts in recent years to establish business courts. In each case, however, the proposals stalled in the legislature. The California Trial Lawyers Association, for example, opposed the legislative creation of a business court in California, arguing that creating a special class of litigants denies equal access and justice to others and that the business court would strip scarce resources from other civil filings.
Efforts are also underway in Wisconsin, Hawaii, Michigan, Minnesota, Ohio and Texas.
The experience of states that unsuccessfully attempted to pass legislation to create business courts was avoided in North Carolina by the recommendation by the North Carolina Commission to establish the business court by judicial rule. With the support of Governor Jim Hunt and Chief Justice Burley Mitchell, the court was established. Public dissatisfaction with the litigation process in the United States takes many forms, and a more specialized judiciary can address only one small aspect of the problem, but any step to improve the resolution of business disputes should be welcome. While it remains to be seen how well the court will better the administration of justice in North Carolina, merely its creation should serve to increase the confidence of business people and their lawyers in the court system. The member law firms of Lex Mundi maintain complete autonomy, exercise their professional services on an independent basis, and are not affiliated for the joint practice of law.