September 6, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 511, 530, 545, 821, 8121, 8121a, 8122, 8123,
8124, and 8162 (MCL 600.511, 600.530, 600.545, 600.821, 600.8121,
600.8121a, 600.8122, 600.8123, 600.8124, and 600.8162), section 530
as amended by 2013 PA 33, section 821 as amended by 2016 PA 31,
sections 8121, 8121a, and 8123 as amended by 2014 PA 58, section
8122 as amended by 2002 PA 681, and section 8124 as amended by 1984
PA 95.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
511. (1) The Except
as provided in subsection (2), the
tenth judicial circuit consists of the county of Saginaw and has 5
judges.
(2) Beginning on the earlier of the following dates, the tenth
judicial circuit has 4 judges:
(a) The date on which a vacancy occurs in the office of
circuit judge in the tenth judicial circuit, unless the vacancy
occurs after the vacating judge has been defeated in a primary or
general election.
(b) The beginning date of the term for which an incumbent
circuit judge in the tenth judicial circuit no longer seeks
election or reelection to that office.
Sec.
530. (1) Except as provided in subsection (2), the The
twenty-ninth judicial circuit consists of the counties of Clinton
and Gratiot and has 2 judges.
(2)
Beginning on the earlier of the following dates, the
twenty-ninth
judicial circuit has 1 judge:
(a)
The date on which a vacancy occurs in the office of
circuit
judge in the twenty-ninth judicial circuit.
(b)
The beginning date of the term for which an incumbent
circuit
judge in the twenty-ninth judicial circuit no longer seeks
election
or reelection to that office.
Sec. 545. The forty-fourth judicial circuit consists of the
county of Livingston and has 2 judges. Subject to section 550, this
judicial circuit may have 1 additional judge beginning January 1,
2019. If this judgeship is added to the forty-fourth judicial
circuit, the initial term of office of the judgeship is 8 years.
Sec.
821. (1) The following Except
for the probate judge in
Keweenaw County who is not a judge of the first probate district
described in section 807, probate judges shall not engage in the
practice
of law other than as a judge and shall must receive an
annual
salary as calculated under this section.
:
(a)
A probate judge of a county that is not described in
section
807.
(b)
The probate judge in each probate court district described
in
section 807 in which a majority of the electors voting on the
question
in each county of the probate court district has approved
or
approves creation of the district.
(c)
A probate judge in a county having a population of 15,000
or
more according to the 1990 federal decennial census, if the
county
is not part of a probate court district created by law.
(d)
A probate judge who has the jurisdiction, powers, duties,
and
title of a district judge within his or her respective county
under
section 810a.
(2) Each probate judge shall receive an annual salary
calculated as follows:
(a) A minimum annual salary of the difference between 85% of
the salary of a justice of the supreme court as of December 31,
2015 and $45,724.00.
(b) In addition to the amount calculated under subdivision
(a), a salary of $45,724.00 paid by the county or counties
comprising a probate court district. If a probate judge receives a
total additional salary of $45,724.00 from the county or counties
comprising a probate court district, and receives neither less than
nor more than $45,724.00, including any cost-of-living allowance,
the state shall reimburse the county or counties the amount that
the county or counties have paid to the judge.
(c) In addition to the amounts under subdivisions (a) and (b),
an amount payable by the state that is equal to the amounts
calculated under subdivisions (a) and (b) multiplied by the
compounded aggregate percentage pay increases, excluding lump-sum
payments, paid to civil service nonexclusively represented
employees classified as executives and administrators on or after
January 1, 2016. The additional salary under this subdivision takes
effect on the same date as the effective date of the pay increase
paid to civil service nonexclusively represented employees
classified as executives and administrators. The additional salary
under
this subdivision shall must
not be based on a pay increase
paid to civil service nonexclusively represented employees
classified as executives and administrators if the effective date
of the increase was before January 1, 2016.
(3) Six thousand dollars of the minimum annual salary provided
in
subsection (2) shall must be paid by the county or counties
comprising a probate court district, and the balance of that
minimum
annual salary shall must be paid by the state as a grant to
the county or the counties comprising the probate court district.
The county or counties comprising the probate court district, shall
in turn pay that amount to the probate judge. The state shall
annually reimburse the county or counties $6,000.00 for each
probate judge to offset the cost to the county or counties under
this section.
(4) The salary calculated under this section is full
compensation for all services performed by a probate judge, except
as otherwise provided by law. In a probate court district, each
county of the district shall contribute to the salary in the same
proportion as the population of the county bears to the population
of the district.
(5) An additional salary determined by the county board of
commissioners
may be increased during a term of office but shall
must not be decreased, except to the extent of a general salary
reduction in all other branches of government in the county. In a
county
where an additional salary is granted, it shall must be
paid
at the same rate to all probate judges regularly holding court in
the county.
Sec. 8121. (1) The sixteenth district consists of the city of
Livonia, is a district of the third class, and has 2 judges.
(2) The seventeenth district consists of the township of
Redford in the county of Wayne, is a district of the third class,
and has 2 judges.
(3) Except as otherwise provided in this subsection, the
eighteenth district consists of the city of Westland, is a district
of the third class, and has 2 judges. If the governing bodies of
the cities of Westland and Wayne approve by resolutions the
consolidation of the eighteenth and twenty-ninth districts prior to
January
1, 2016, 2020, all of the following apply beginning January
1,
2016:2020:
(a) The twenty-ninth district is abolished and the eighteenth
district consists of the cities of Westland and Wayne, is a
district of the third class, and has 3 judges. The additional
judgeship in the eighteenth district shall be filled by the
incumbent judge of the twenty-ninth district, who shall become a
judge of the eighteenth district for the balance of the term to
which
he or she was elected or appointed. For purposes of the
November
2018 general election only, the term of the candidate for
district
judge in the eighteenth district who receives the greatest
number
of votes is 10 years and the term of the candidate for
district
judge in the eighteenth district who receives the second
greatest
number of votes is 6 years.
(b) The clerks of the cities of Westland and Wayne shall file
copies of the resolutions with the state court administrator, who,
as authorized by the supreme court, shall notify the elections
division of the department of state that the consolidation has been
approved under this section. A resolution that is filed before
January
2, 2015 2019 is a valid approval of the consolidation.
(c) By proposing or authorizing the consolidation of the
eighteenth and twenty-ninth districts, the legislature is not
creating a new obligation for any affected district control unit.
If a district control unit, acting through its governing body,
approves the consolidation, then the approval constitutes an
exercise of the district control unit's option to increase the
level of activity and service offered in that district control unit
beyond that required by existing law, as the elements of that
option are provided by 1979 PA 101, MCL 21.231 to 21.244, and a
voluntary acceptance by that district control unit of all expenses
and capital improvements that may result from the consolidation of
the districts. However, the exercise of the option does not affect
the state's obligation to pay the same portion of each judge's
salary that is paid by the state to other district judges as
provided by law, or to appropriate and disburse funds to the
district control unit for the necessary costs of state requirements
established by a state law that becomes effective on or after
December 23, 1978.
(4) The nineteenth district consists of the city of Dearborn,
is a district of the third class, and has 3 judges.
(5) The twentieth district consists of the city of Dearborn
Heights, is a district of the third class, and has 2 judges.
(6) The twenty-first district consists of the city of Garden
City, is a district of the third class, and has 1 judge.
(7) The twenty-second district consists of the city of
Inkster, is a district of the third class, and has 1 judge.
(8) The twenty-third district consists of the city of Taylor,
is a district of the third class, and has 2 judges.
(9) The twenty-fourth district consists of the cities of Allen
Park and Melvindale, is a district of the third class, and has 2
judges.
(10) The twenty-fifth district consists of the cities of
Ecorse, Lincoln Park, and River Rouge, is a district of the third
class, and has 2 judges.
(11)
If the governing bodies of the cities of Southgate,
Wyandotte,
and Riverview approve by resolutions the formation of
the
twenty-sixth district by the consolidation of the twenty-
seventh
and twenty-eighth districts prior to January 1, 2016, all
of
the following apply beginning January 1, 2016:
(a)
The twenty-sixth district is created by the consolidation
of
the former twenty-seventh and twenty-eighth districts, consists
of
the cities of Southgate, Wyandotte, and Riverview, is a district
of
the third class, and has 2 judges. The judgeships in the twenty-
sixth
district shall be filled by the individuals who were judges
of
the twenty-seventh and twenty-eighth districts on December 31,
2015,
and who shall serve as judges of the twenty-sixth district
for
the balance of the terms to which they were elected or
appointed.
The twenty-seventh and twenty-eighth districts shall
cease
to exist as separate districts.
(b)
The clerks of the cities of Southgate, Wyandotte, and
Riverview
shall file copies of the resolutions with the state court
administrator,
who, as authorized by the supreme court, shall
notify
the elections division of the department of state that the
consolidation
has been approved under this section. A resolution
that
is filed before January 2, 2015 is a valid approval of the
consolidation.
(c)
By proposing or authorizing the consolidation of the
twenty-seventh
and twenty-eighth districts, the legislature is not
creating
a new obligation for any affected district control unit.
If
a district control unit, acting through its governing body,
approves
the consolidation, then the approval constitutes an
exercise
of the district control unit's option to increase the
level
of activity and service offered in that district control unit
beyond
that required by existing law, as the elements of that
option
are provided by 1979 PA 101, MCL 21.231 to 21.244, and a
voluntary
acceptance by that district control unit of all expenses
and
capital improvements that may result from the consolidation of
the
districts. However, the exercise of the option does not affect
the
state's obligation to pay the same portion of each judge's
salary
that is paid by the state to other district judges as
provided
by law, or to appropriate and disburse funds to the
district
control unit for the necessary costs of state requirements
established
by a state law that becomes effective on or after
December
23, 1978.
(11) (12)
Except as otherwise provided in subsection (11), the
The twenty-seventh district consists of the cities of Wyandotte and
Riverview, is a district of the third class, and has 1 judge.
(12) (13)
Except as otherwise provided in subsection (11), the
The twenty-eighth district consists of the city of Southgate, is a
district of the third class, and has 1 judge.
(13) (14)
Except as otherwise provided in
subsection (3), the
twenty-ninth district consists of the city of Wayne, is a district
of the third class, and has 1 judge.
(14) (15)
The thirtieth district consists of
the city of
Highland Park, is a district of the third class, and has 1 judge.
(15) (16)
The thirty-first district consists
of the city of
Hamtramck, is a district of the third class, and has 1 judge.
(16) (17)
The thirty-second-a district
consists of the city of
Harper Woods, is a district of the third class, and has 1 judge.
(17) (18)
The thirty-second-b district
consists of the cities
of Grosse Pointe Woods, Grosse Pointe Park, Grosse Pointe, and
Grosse Pointe Farms, and the village of Grosse Pointe Shores, is a
district of the third class, and has 1 judge.
(18) (19)
The thirty-third district consists
of the cities of
Trenton, Gibraltar, Woodhaven, Rockwood, and Flat Rock and the
townships of Brownstown and Grosse Ile in the county of Wayne, is a
district of the third class, and has the following number of
judges:
(a) Until the date determined under subdivision (b), 3 judges.
(b) Beginning on the earlier of the following dates, 2 judges:
(i) The date on which a vacancy occurs in the office of
district judge in this district, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(ii) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(19) (20)
The thirty-fourth district consists
of the townships
of Sumpter, Van Buren, and Huron in the county of Wayne and the
cities of Romulus and Belleville, is a district of the third class,
and has 3 judges.
(20) (21)
The thirty-fifth district consists
of the cities of
Northville and Plymouth and the townships of Northville, Plymouth,
and Canton in the county of Wayne, is a district of the third
class, and has 3 judges.
Sec. 8121a. (1) The thirty-sixth district consists of the city
of
Detroit, is a district of the third class, and, has the
following
number of judges:except as
provided in subsections (2)
and (3), has 30 judges.
(a)
Until 12 noon, January 1, 2015, 31 judges.
(b)
Beginning 12 noon, January 1, 2015, 30 judges. The 1
judgeship
eliminated from this district at 12 noon, January 1, 2015
shall
be the judgeship of a judge who is not eligible to run for
reelection
in 2014 due to constitutional limitation on the
effective
date of the amendatory act that added this subdivision.
(2) Beginning on the earlier of the following dates, the
thirty-sixth district has 29 judges:
(a) The date on which a vacancy occurs in the office of
district judge in the thirty-sixth judicial district, unless that
vacancy occurs after the vacating judge has been defeated in a
primary or general election.
(b) The beginning date of the term for which an incumbent
district judge in the thirty-sixth judicial district no longer
seeks election or reelection to that office.
(3) Following or simultaneously with the elimination of the
judgeship under subsection (2), beginning on the earlier of the
following dates, the thirty-sixth district has 28 judges:
(a) The date on which a vacancy occurs in the office of
district judge in the thirty-sixth judicial district, unless that
vacancy occurs after the vacating judge has been defeated in a
primary or general election.
(b) The beginning date of the term for which an incumbent
district judge in the thirty-sixth judicial district no longer
seeks election or reelection to that office.
Sec. 8122. (1) The thirty-seventh district consists of the
cities of Warren and Center Line, is a district of the third class,
and has 4 judges.
(2)
The Except as otherwise
provided in subsection (3), the
thirty-eighth district consists of the city of Eastpointe, is a
district of the third class, and has 1 judge.
(3)
The Except as otherwise
provided in this subsection, the
thirty-ninth district consists of the cities of Roseville and
Fraser, is a district of the third class, and has 3 judges. If the
governing bodies of the cities of Roseville, Fraser, and Eastpointe
approve by resolutions the consolidation of the thirty-eighth and
thirty-ninth districts prior to January 1, 2020, all of the
following apply:
(a) The thirty-eighth district is abolished and the thirty-
ninth district consists of the cities of Roseville, Fraser, and
Eastpointe, is a district of the third class, and has 4 judges. The
additional judgeship in the thirty-ninth district shall be filled
by the incumbent judge of the thirty-eighth district, who shall
become a judge of the thirty-ninth district for the balance of the
term to which he or she was elected or appointed.
(b) The clerks of the cities of Roseville, Fraser, and
Eastpointe shall file copies of the resolutions with the state
court administrator, who, as authorized by the supreme court, shall
notify the elections division of the department of state that the
consolidation has been approved under this section. A resolution
that is filed before January 2, 2019 is a valid approval of the
consolidation.
(c) By proposing or authorizing the consolidation of the
thirty-eighth and thirty-ninth districts, the legislature is not
creating a new obligation for any affected district control unit.
If a district control unit, acting through its governing body,
approves the consolidation, then the approval constitutes an
exercise of the district control unit's option to increase the
level of activity and service offered in that district control unit
beyond that required by existing law, as the elements of that
option are provided by 1979 PA 101, MCL 21.231 to 21.244, and a
voluntary acceptance by that district control unit of all expenses
and capital improvements that may result from the consolidation of
the districts. However, the exercise of the option does not affect
the state's obligation to pay the same portion of each judge's
salary that is paid by the state to other district judges as
provided by law, or to appropriate and disburse funds to the
district control unit for the necessary costs of state requirements
established by a state law that becomes effective on or after
December 23, 1978.
(4) The fortieth district consists of the city of Saint Clair
Shores, is a district of the third class, and has 2 judges.
(5) The forty-first-a district consists of the cities of Utica
and Sterling Heights and the townships of Shelby and Macomb in the
county of Macomb, is a district of the third class, and has 4
judges.
(6) The forty-first-b district consists of the city of Mt.
Clemens and the townships of Clinton and Harrison in the county of
Macomb, is a district of the third class, and has 3 judges.
(7) The forty-second district consists of the cities of
Memphis, Richmond, and New Baltimore and the townships of Bruce,
Washington, Armada, Ray, Richmond, Lenox, and Chesterfield in the
county of Macomb, is a district of the second class, and is divided
into the following election divisions:
(a) The first division consists of the cities of Memphis and
Richmond and the townships of Bruce, Washington, Armada, Ray, and
Richmond and has 1 judge.
(b) The second division consists of the city of New Baltimore
and the townships of Lenox and Chesterfield and has 1 judge.
Sec. 8123. (1) The forty-third district consists of the cities
of Madison Heights, Ferndale, and Hazel Park, is a district of the
third class, and has 3 judges.
(2)
Except as otherwise provided in this subsection, the
forty-fourth
district consists of the city of Royal Oak, is a
district
of the third class, and has 2 judges. Beginning January 2,
2015,
the The forty-fourth district consists of the cities of
Royal
Oak
and Berkley and has the following number of judges:2 judges.
(a)
Until the dates determined under subdivisions (b) and (c),
3
judges.
(b)
Beginning January 3, 2015, the forty-fourth district has 2
judges
beginning on the earlier of the following dates:
(i) The date on which a vacancy occurs in the office
of
district
judge in the forty-fourth district, unless the vacancy
occurs
after the vacating judge has been defeated in a primary or
general
election.
(ii) The beginning date of the term for which an
incumbent
district
judge in the forty-fourth district no longer seeks
election
or reelection to that office.
(c)
Following the reduction in the number of judgeships from 3
to
2 under subdivision (b), the forty-fourth district has 1 judge
beginning
on the earlier of the following dates:
(i) The date on which a vacancy occurs in the office
of
district
judge in the forty-fourth district, unless the vacancy
occurs
after the vacating judge has been defeated in a primary or
general
election.
(ii) The beginning date of the term for which an
incumbent
district
judge in the forty-fourth district no longer seeks
election
or reelection to that office.
(3)
Except as otherwise provided in this subsection, the
forty-fifth-a
district is created, consists of the city of Berkley,
is
a district of the third class, and has 1 judge. The person
serving
as judge of the forty-fifth-a district on June 30, 2012, or
his
or her successor, shall serve as judge of the forty-fifth-a
district
until that district is abolished under this subsection.
For
purposes of the November 2014 general election only, the term
of
the person elected district judge in the forty-fifth-a district
is
8 years. Beginning January 2, 2015, the forty-fifth-a district
is
abolished and the judge of the forty-fifth-a district shall
become
a judge of the forty-fourth district for the balance of the
term
to which he or she was elected or appointed. Sections 8175 and
8176
do not apply to the reorganization of the forty-fourth, forty-
fifth,
forty-fifth-a, and forty-fifth-b districts. Any physical
reorganization
required to accomplish the reorganization of
district
boundaries under this subsection and subsection (2) shall
be
completed no later than January 1, 2021.
(3) (4)
Except as otherwise provided in this subsection, the
forty-fifth-b
district consists of the cities of Huntington Woods,
Oak
Park, and Pleasant Ridge and the township of Royal Oak in the
county
of Oakland, is a district of the third class, and has 2
judges.
Beginning July 1, 2012, the forty-fifth district is
created.
The forty-fifth district consists
of the cities of
Huntington Woods, Oak Park, and Pleasant Ridge and the township of
Royal Oak in the county of Oakland, is a district of the third
class,
and has 2 judges. Beginning July 1, 2012, the forty-fifth-b
district
is abolished and the judges of the forty-fifth-b district
shall
become judges of the forty-fifth district for the balance of
the
term to which they were elected or appointed. For purposes of
the
November 2014 general election only, the term of the candidate
for
district judge in the forty-fifth judicial district who
receives
the greatest number of votes is 8 years and the term of
the
candidate for district judge in the forty-fifth judicial
district
who receives the second greatest number of votes is 6
years.
(4) (5)
The forty-sixth district consists
of the cities of
Southfield and Lathrup Village and the township of Southfield in
the county of Oakland, is a district of the third class, and has 3
judges.
(5) (6)
The forty-seventh district consists
of the cities of
Farmington and Farmington Hills, is a district of the third class,
and has 2 judges.
(6) (7)
The forty-eighth district consists
of the cities of
Birmingham, Bloomfield Hills, Sylvan Lake, Keego Harbor, and
Orchard Lake Village and the townships of Bloomfield and West
Bloomfield in the county of Oakland, is a district of the third
class, and has the following number of judges:
(a) Until the date determined under subdivision (b), the
forty-eighth district has 3 judges.
(b) The forty-eighth district has 2 judges beginning on the
earlier of the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in this district, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(ii) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(7) (8)
The fiftieth district consists of
the city of Pontiac,
is a district of the third class, and has the following number of
judges:
(a) Until the date determined under subdivision (b), 4 judges.
(b) The fiftieth district has 3 judges beginning on the
earlier of the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in this district, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(ii) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(8) (9)
The fifty-first district consists
of the township of
Waterford in the county of Oakland, is a district of the third
class, and has 2 judges.
(9) (10)
The fifty-second district consists
of the county of
Oakland except the cities of Madison Heights, Ferndale, Hazel Park,
Royal Oak, Berkley, Huntington Woods, Oak Park, Pleasant Ridge,
Southfield, Lathrup Village, Farmington, Farmington Hills,
Northville, Sylvan Lake, Keego Harbor, Orchard Lake Village,
Birmingham, Bloomfield Hills, and Pontiac and the townships of
Royal Oak, Southfield, West Bloomfield, Bloomfield, and Waterford,
is a district of the second class, and is divided into the
following election divisions:
(a) The first division consists of the cities of Novi, South
Lyon, Wixom, and Walled Lake and the townships of Milford,
Highland, Commerce, Lyon, and Novi and has 3 judges.
(b) The second division consists of the city of the village of
Clarkston and the townships of Springfield, Independence, Holly,
Groveland, Brandon, Rose, and White Lake and has 2 judges.
(c) The third division consists of the cities of Rochester,
Auburn Hills, Rochester Hills, and Lake Angelus and the townships
of Oxford, Addison, Orion, and Oakland and has 3 judges.
(d) The fourth division consists of the cities of Troy and
Clawson and has 2 judges.
Sec. 8124. The fifty-third district consists of the county of
Livingston,
is a district of the first class, and has 2 the
following
number of judges: .
Subject to section 8175, this
district
may have 1 additional judge effective January 1, 1987.
(a) Until 12 noon, January 1, 2019, 3 judges.
(b) Beginning 12 noon, January 1, 2019, 2 judges. The 1
judgeship eliminated from this district at 12 noon, January 1, 2019
shall be the judgeship of a judge who is not eligible to run for
reelection in 2018 due to constitutional limitation on the
effective date of the amendatory act that added this subdivision.
Sec.
8162. (1) The Except
as provided in subsection (2), the
ninety-seventh district consists of the counties of Houghton,
Keweenaw and Baraga, is a district of the first class and has 1
judge.
(2) If a majority of the electors in the counties of Houghton
and Keweenaw do not approve the formation of the first probate
district court under sections 807 to 810 on or before the date of
the November 2018 general election, thereafter the following
provisions apply beginning on the date on which a vacancy occurs in
the office of district judge in the ninety-seventh district unless
that vacancy occurs after the vacating judge has been defeated in a
primary or general election, or the beginning date of the term for
which an incumbent district judge in the ninety-seventh judicial
district no longer seeks election or reelection to that office,
whichever is earlier:
(a) The ninety-seventh district consists of the counties of
Houghton, Keweenaw, and Baraga and is a district of the first
class.
(b) Under section 810a, the probate judge of the county of
Baraga shall serve as judge of the ninety-seventh district within
the county of Baraga.
(c) Under section 810a, the probate judge for the county of
Houghton shall serve as judge of the ninety-seventh district within
the county of Houghton.
(d) Under section 810a, the probate judge for the county of
Keweenaw shall serve as judge of the ninety-seventh district within
the county of Keweenaw.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.