Young Touts Business Courts

June 22, 2010: S.C. Circuit Court Judge Roger M. Young told members today how a pilot Business Court program was working to speed special business cases through the judicial process.

Chief Justice Jean Toal set up a two-year Business Court pilot program in Charleston, Columbia and Greenville in 2007, and renewed it in 2009. In that time, the specialized court has expedited resolution of several complex cases, Young said.

“This has turned out to be a good program for everybody,” he said.

Since 2007, the Charleston branch of the court has received 22 complex cases and already disposed of half, said Young, who serves as the court’s Charleston judge. “They’re moving along on a pretty regular basis,” he noted.

Generally when business disputes go through the civil court process, it can take up to three years just for the case to be scheduled for trial. Additionally, litigants face hurdles in continuity because they generally present motions and other matters to different judges throughout the process, which often slows things down, Young said.

The advantage of the Business Court pilot program is that the same judge hears the entire case from start to finish. That means motions and other phases of the case can move along in a speedier fashion, which saves time and money.

“If a case needs to be fast-tracked, you have the ability to fast-track it,” the judge said.

Not all business cases qualify for the special court. In general, its cases involve disputes in how businesses operate, are structured or are dissolved. The ability for cases to appear before a special business judge also allows for quick rulings on procedural matters that may lead to settlements more quickly than in the regular civil system, said Young, who continues to judge cases in the regular court system.

Submitted by: Andy Brack, Keyway Committee