REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.8507 Magistrates; qualifications; term; oath; bond; temporarily absent or incapacitated magistrate; ordering temporary service of magistrate of another county; reimbursement; service of magistrate in another county; service of magistrate pursuant to multiple district plan.
(1) Magistrates shall be registered electors in the county in which they are appointed. All magistrates appointed shall serve at the pleasure of the judges of the district court. Before assuming office, persons appointed magistrates shall take the constitutional oath of office and file a bond with the treasurer of a district funding unit of that district in an amount determined by the state court administrator. The bond shall also apply to temporary service in another county under subsection (2), (3), or (4), or pursuant to a multiple district plan under subsection (5).
(2) In a district of the first class that consists of more than 1 county, if a magistrate is temporarily absent or incapacitated, the chief or only district judge may direct a magistrate of another county of the same district to serve temporarily in the county where the magistrate is temporarily absent or incapacitated. The district judge shall make his or her order in writing. A magistrate serving temporarily under this subsection is not entitled to additional compensation but shall be reimbursed for actual and necessary expenses incurred during the authorized temporary service upon certification and approval by the state court administrator. Upon allowance, the reimbursement shall be paid by the state treasurer out of the appropriation for the state court administrative office.
(3) In a district of the first class that consists of more than 1 county, the chief or only district judge may authorize a magistrate appointed in 1 county to serve in another county in the district.
(4) Pursuant to a multiple district plan under section 8320 involving adjoining districts of the first class, a district court magistrate appointed in a county of 1 district may be authorized to serve in a county of the adjoining district. While serving in the adjoining district, the magistrate shall be subject to the superintending control of the chief or only district judge of that district.
(5) Pursuant to a multiple district plan under section 8320 involving districts in the same county, a district court magistrate may be authorized to serve in any participating district of the county.
History: Add. 1968, Act 154, Imd. Eff. June 17, 1968
Am. 1976, Act 16, Eff. Apr. 1, 1976
Am. 1980, Act 294, Imd. Eff. Oct. 19, 1980
Am. 1994, Act 5, Imd. Eff. Feb. 24, 1994
Am. 2005, Act 326, Imd. Eff. Dec. 27, 2005
Compiler's Notes: Enacting section 1 of Act 326 of 2005 provides:"Enacting section 1. Section 8507 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8507, as amended by this amendatory act, applies to bonds filed or renewed by district court magistrates after December 31, 2005."
© 2009 Legislative Council, State of Michigan