How familiar are you with business courts? They may be flying under your radar, but your lives are deeply entangled. Nearly two-thirds of Americans live in a state with a business court. And some workers or consumers in those states—whether they like it or not—could end up having important cases decided by a business court.
That could be a problem, because new research by the People’s Parity Project, or PPP, finds that half the business court judges in the United States are former corporate lawyers. In seven states, more than 90 percent of business court judges are former corporate lawyers. Only a small fraction of these judges have any experience representing workers or consumers in need.
That’s one reason why critics say these courts are perceived as biased in favor of corporations. Though several states are rushing to adopt business court systems, the Wisconsin Supreme Court ended its state’s pilot program last year, after a new progressive majority took office. One justice warned that the program resembled a “two-tiered” court system.
Business courts are often characterized as the ideal venue to settle disputes between businesses or between owners of a business. They’re intended to be quicker and more efficient; the same judges handle the cases from start to finish. Some proponents argue that the faster process makes litigation easier for small businesses, which may lack the resources of larger corporate litigants.
