House Introduced Bill HJRE

HOUSE JOINT RESOLUTION EE

February 11, 1998, Introduced by Reps. Ciaramitaro and Nye and referred to the Committee on Judiciary.

A joint resolution proposing an amendment to the state con-

stitution of 1963, by amending sections 1, 11, 12, 13, 18, 19,

27, 29, and 30 of article VI; adding section 9 to article III;

and repealing sections 9, 15, 16, and 22 of article VI, to pro-

vide for the reorganization of the judicial branch.

Resolved by the Senate and House of Representatives of the

state of Michigan, That the following amendment to the state con-

stitution of 1963, to provide for the reorganization of the judi-

cial branch, is proposed, agreed to, and submitted to the people

of the state:

1 ARTICLE III

2 SEC. 9. EACH OF THE THREE BRANCHES OF GOVERNMENT SHALL, TO

3 THE GREATEST EXTENT POSSIBLE, PROVIDE TO THE PUBLIC INFORMATION

4 REGARDING THE AFFAIRS OF THAT BRANCH OF GOVERNMENT AND ALLOW

5 MEETINGS WITHIN THAT BRANCH OF GOVERNMENT TO BE OPEN TO MEMBERS

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1 OF THE PUBLIC. THIS SECTION SHALL BE IMPLEMENTED FOR THE

2 EXECUTIVE OFFICE BY EXECUTIVE ORDER OF THE GOVERNOR; FOR THE

3 SENATE BY RULES OF THE SENATE; FOR THE HOUSE OF REPRESENTATIVES

4 BY RULES OF THE HOUSE OF REPRESENTATIVES; FOR CONFERENCE COMMIT-

5 TEES AND JOINT COMMITTEES OF THE SENATE AND HOUSE OF

6 REPRESENTATIVES BY JOINT RULES OF THE SENATE AND HOUSE OF

7 REPRESENTATIVES; FOR THE JUDICIAL BRANCH BY ADMINISTRATIVE ORDER

8 OF THE SUPREME COURT; AND AS TO ANY OTHER GOVERNMENTAL ENTITY BY

9 LAW.

10 ARTICLE VI

11 Sec. 1. (1) The judicial power of the state is vested

12 exclusively in one court of justice which shall be divided into

13 one supreme court, one court of appeals, one trial court of gen-

14 eral jurisdiction, known as the circuit court, one probate

15 court, and courts of limited jurisdiction that the legislature

16 may establish by a two-thirds vote of the members elected to and

17 serving in each house.

18 (2) COURTS IN EXISTENCE ON THE DATE ON WHICH THIS SUBSECTION

19 BECOMES A PART OF THIS CONSTITUTION SHALL RETAIN THEIR POWERS AND

20 JURISDICTION, EXCEPT AS PROVIDED BY LAW, UNTIL THEY ARE ABOLISHED

21 BY LAW.

22 Sec. 9. Judges of the court of appeals shall hold office

23 for a term of six years and until their successors are elected

24 and qualified. The terms of office for the judges in each dis-

25 trict shall be arranged by law to provide that not all terms will

26 expire at the same time.

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1 Sec. 11. The state shall be divided into judicial

2 circuits UNITS along county lines. in each of which there

3 shall be elected one or more circuit judges as provided by law.

4 Sessions of the circuit court shall be held at least four times

5 in each year in every county organized for judicial purposes.

6 Each circuit judge shall hold court in the county or counties

7 within the circuit in which he is elected, and in other circuits

8 as may be provided by rules of the supreme court. AT LEAST ONE

9 JUDGE SHALL BE ELECTED EXCLUSIVELY BY EACH COUNTY. FOR PURPOSES

10 OF THIS SECTION, THE LEGISLATURE MAY CONSIDER THE COUNTIES OF

11 HOUGHTON AND KEWEENAW AS ONE COUNTY. IN A COUNTY IN WHICH ONLY

12 ONE JUDGE IS ELECTED EXCLUSIVELY BY THAT COUNTY, THAT JUDGE'S

13 JURISDICTION SHALL INCLUDE FAMILY MATTERS ARISING IN THAT COUNTY,

14 AS PROVIDED BY LAW. The number of judges may be changed and

15 circuits JUDICIAL UNITS may be created, altered, COMBINED, and

16 discontinued by law and the number of judges shall be changed and

17 circuits JUDICIAL UNITS shall be created, altered, COMBINED,

18 and discontinued on recommendation of the supreme court to

19 reflect changes in judicial activity. No change in the number of

20 judges or alteration, COMBINATION, or discontinuance of a

21 circuit JUDICIAL UNIT shall have the effect of removing a judge

22 from office during his THAT JUDGE'S term.

23 Sec. 12. (1) Circuit AS PROVIDED BY LAW, judges shall be

24 nominated and elected at non-partisan elections in the circuit

25 ELECTION DISTRICTS in which they reside, and shall hold office

26 for a term of six years and until their successors are elected

27 and qualified. In circuits ELECTION DISTRICTS having more than

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1 one circuit judge their terms of office shall be arranged by

2 law to provide that not all terms will expire at the same time.

3 THE LENGTH OF THE INITIAL TERM OF A JUDGE MAY BE VARIED BY LAW TO

4 ALLOW FOR THE STAGGERING OF THE EXPIRATION OF JUDGES' TERMS

5 WITHIN AN ELECTION DISTRICT.

6 (2) ANY JUDGE MAY BECOME A CANDIDATE IN THE PRIMARY ELECTION

7 FOR THE OFFICE OF WHICH HE OR SHE IS THE INCUMBENT BY FILING AN

8 AFFIDAVIT OF CANDIDACY IN THE FORM AND MANNER PROVIDED BY LAW.

9 Sec. 13. The circuit court TRIAL COURT OF GENERAL

10 JURISDICTION shall have original jurisdiction in all matters not

11 prohibited by law; appellate jurisdiction from all inferior

12 courts and tribunals except as otherwise provided by law; power

13 to issue, hear and determine prerogative and remedial writs;

14 supervisory and general control over inferior courts and tribu-

15 nals within their respective jurisdictions in accordance with

16 rules of the supreme court; and jurisdiction of other cases and

17 matters as provided by rules of the supreme court LAW.

18 Sec. 15. In each county organized for judicial purposes

19 there shall be a probate court. The legislature may create or

20 alter probate court districts of more than one county if approved

21 in each affected county by a majority of the electors voting on

22 the question. The legislature may provide for the combination of

23 the office of probate judge with any judicial office of limited

24 jurisdiction within a county with supplemental salary as provided

25 by law. The jurisdiction, powers and duties of the probate court

26 and of the judges thereof shall be provided by law. They shall

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1 have original jurisdiction in all cases of juvenile delinquents

2 and dependents, except as otherwise provided by law.

3 Sec. 16. One or more judges of probate as provided by law

4 shall be nominated and elected at non-partisan elections in the

5 counties or the probate districts in which they reside and shall

6 hold office for terms of six years and until their successors are

7 elected and qualified. In counties or districts with more than

8 one judge the terms of office shall be arranged by law to provide

9 that not all terms will expire at the same time.

10 Sec. 18. Salaries of justices of the supreme court, of the

11 judges of the court of appeals, of the circuit judges within a

12 circuit, and of the probate judges within a county or district,

13 shall be uniform, and JUDGES SHALL BE EQUITABLE AS PROVIDED BY

14 LAW AND SHALL BE UNIFORM WITHIN AN ELECTION DISTRICT. A JUDGE'S

15 TOTAL SALARY may be increased but shall not be decreased during a

16 term of office except and only to the extent of a general salary

17 reduction in all other branches of government. A JUDGE SHALL NOT

18 ENGAGE IN THE PRACTICE OF LAW DURING HIS OR HER TERM OF OFFICE AS

19 A JUDGE.

20 Each of the judges of the circuit court shall receive an

21 annual salary as provided by law. In addition to the salary

22 received from the state, each circuit judge may receive from any

23 county in which he regularly holds court an additional salary as

24 determined from time to time by the board of supervisors of the

25 county. In any county where an additional salary is granted, it

26 shall be paid at the same rate to all circuit judges regularly

27 holding court therein.

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1 Sec. 19. (1) The supreme court, the court of appeals, the

2 circuit court, the probate court TRIAL COURT OF GENERAL

3 JURISDICTION, and other courts designated as such by the legisla-

4 ture shall be courts of record and each shall have a common

5 seal. Justices and judges of courts of record must be persons

6 who are licensed to practice law in this state.

7 (2) To be qualified to serve as a judge of a trial court, a

8 judge of the court of appeals, or a justice of the supreme court,

9 a person shall have been admitted to the practice of law for at

10 least 5 years. This subsection shall not apply to any judge or

11 justice appointed or elected to judicial office prior to the

12 date on which this subsection becomes part of the constitution

13 DECEMBER 21, 1996.

14 (3) No person shall be elected or appointed to a judicial

15 office after reaching the age of 70 years.

16 Sec. 22. Any judge of the court of appeals, circuit court

17 or probate court may become a candidate in the primary election

18 for the office of which he is the incumbent by filing an affida-

19 vit of candidacy in the form and manner prescribed by law.

20 Sec. 27. The supreme court, the court of appeals, the cir-

21 cuit court, or any justices or judges thereof, shall not exer-

22 cise any power of appointment to public office except as provided

23 in this constitution.

24 Sec. 29. Justices of the supreme court, AND judges of

25 the court of appeals, circuit judges and other judges as provided

26 by law shall be conservators of the peace within their

27 respective jurisdictions.

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1 Sec. 30. (1) A judicial tenure commission is established

2 consisting of nine persons selected for three-year terms as

3 follows: Four members shall be judges elected by the judges of

4 the courts in which they serve, ; OF WHOM one shall be a court

5 of appeals judge. , one a circuit judge, one a probate judge and

6 one a judge of a court of limited jurisdiction. Three shall be

7 members of the state bar who shall be elected by the members of

8 the state bar of whom one shall be a judge and two shall not be

9 judges. Two shall be appointed by the governor; the members

10 appointed by the governor shall not be judges, retired judges or

11 members of the state bar. Terms shall be staggered as provided

12 by rule of the supreme court. Vacancies shall be filled by the

13 appointing power.

14 (2) On recommendation of the judicial tenure commission, the

15 supreme court may censure, suspend with or without salary, retire

16 or remove a judge for conviction of a felony, physical or mental

17 disability which prevents the performance of judicial duties,

18 misconduct in office, persistent failure to perform his duties,

19 habitual intemperance or conduct that is clearly prejudicial to

20 the administration of justice. The supreme court shall make

21 rules implementing this section and providing for confidentiality

22 and privilege of proceedings.

23 Resolved further, That the foregoing amendment shall be sub-

24 mitted to the people of the state at a special election on August

25 4, 1998 in the manner provided by law.

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