Plans are shaping up for a new business court that will take on complex commercial disputes starting in September.
Gov. Greg Abbott named former Bexar County Commissioner Marialyn Barnard and San Antonio attorney Stacy Sharp to oversee the 4th Business Court Division Thursday. Including Bexar County, the court will serve 22 counties spanning from Eagle Pass to Port Aransas.
The court was created by the Republican-led Legislature in the last session to hear highly specialized, high-dollar cases that previously moved through the state’s district courts.
‘They’re very specific courts that have a unique understanding of the business world, which is critical,” said Barnard, who as an assistant U.S. attorney handled several cases involving billion-dollar companies.
The appointed judges will decide where they set up shop within the region.
Bexar County would appear the most logical choice, but local leaders aren’t sure exactly where it would go in a county courthouse already at capacity.
Barnard previously served on the 4th Court of Appeals for a decade and received her law degree from St. Mary’s University. She has a background in forensic litigation.
Sharp has her own practice, Sharp Appellate PLLC, and teaches at the University of Texas at Austin, where she earned her law degree. She’s also president of the Alamo Heights Independent School District board of trustees.
“I’ve been practicing complex commercial litigation throughout my career,” said Sharp, who moved to the San Antonio area in 2014.
Political move
The new courts have been met with mixed feelings in a state that elects its judges on a partisan basis.
Business cases are currently overseen by district judges, some of whom see the move to create business courts as political.
“Historically, Texans have elected their judges. As a result, judges in Texas have always been representative of the people they serve,” said Monique Diaz, a Democrat who serves as a civil district court judge in Bexar County.
Bexar County’s last elected Republican district court judges were voted out in 2022, and no Republicans signed up to run in 2024. According to the new state law that created the business courts, the five regions containing major metro areas are set to get courts this year.
But attorneys who work on these types of cases say the courts could be helpful.
“Companies doing business in Texas really need a specialized court that understands the type of business litigation that is not always conducive to regular state district courts,” Barnard told the San Antonio Report. “It’s been needed for a long time, and I think they’re a great idea.”
Barnard is currently the only Republican district judge in Bexar County, appointed by Abbott this year to represent the 73rd Civil District Court after Judge David Canales, a Democrat, stepped down. Her term would have ended after the November election.
The new business court judgeships will not be elected, but instead serve two-year terms appointed by the governor. There’s also no age limit, unlike other judgeships in Texas.
