Assembly panel hears proposal to amend Nevada constitution to create statewide appointed business court

Assemblyman Joe Dalia introduced Assembly Joint Resolution 8 to the Assembly Judiciary Committee, saying the proposal would "establish a statewide appointed business court" to improve expertise and speed in adjudicating complex corporate disputes.

Professor Ben Edwards of UNLV's William S. Boyd School of Law, a presenter on the resolution, told the committee the change is designed to address structural limitations that he said place Nevada at a disadvantage relative to Delaware's Court of Chancery. Edwards cited a 2024 figure that Nevada collected about $211,000,000 from entity filings and said the state could capture a larger share of incorporation activity by offering a more predictable, expert judicial forum.

Under the resolution as presented, the constitutional amendment would enable the legislature to create a business court with the following features: exclusive original jurisdiction over complex intra-business disputes (for example, shareholder litigation, mergers and fiduciary-duty claims); judges appointed from slates supplied by a nominating commission; six-year terms with retention ballots; a chief judge appointed by the state chief justice; and provisions allowing the court to transfer matters back to other district courts as needed.

Proponents described several intended advantages. Edwards said courts with dedicated business dockets can resolve matters more quickly and build substantive precedent; he cited Delaware's chancery statistics ("over 92% of chancery court cases are disposed of within 90 days") as an example of speed and predictability that encourages incorporations. Supporters including industry and economic-development groups told the committee the court could make Nevada a more attractive place to incorporate and, they argued, could spur economic development and higher-paying jobs.

Witnesses in support included venture capital and startup advocates who said founders often feel pressured to incorporate in Delaware to secure outside investment; Jeff Saling, a venture investor, said the proposal would let him tell entrepreneurs to "keep it here" in Nevada rather than advise reincorporation in another state. Secretary of State Cisco Aguilar told the committee the office is focused on modernization and called AJR 8 consistent with that work.

Committee members raised several concerns. Several asked why judges for the business court would be appointed rather than elected; proponents said appointment would help assemble a bench with specialized expertise and that retention ballots would preserve public accountability. Members also questioned funding and capacity: whether the court would be financed with filing fees and whether a downturn could leave the court underfunded. Presenters said funding decisions would be for a future legislature to set and argued that increased filings could cover startup and operating costs.

Other questions focused on fairness and the risk of concentrating power in appointed judges. Sponsors said the enabling language would require the legislature to design the nominating commission and that the legislature could incorporate safeguards. Several members also asked about rural access to business-court expertise; a Reno-based business litigator said a statewide court could improve access for businesses outside Clark and Washoe counties.

No final vote on AJR 8 appears in the transcript. Sponsors said the amendment is a first step; if the legislature approves identical language later in the session, the measure would go to voters in a statewide referendum. Supporters urged the committee to forward the resolution to allow voters to decide in a future election.