Act No. 448

Public Acts of 2000

Approved by the Governor

January 9, 2001

Filed with the Secretary of State

January 9, 2001

EFFECTIVE DATE: January 9, 2001

STATE OF MICHIGAN

90TH LEGISLATURE

REGULAR SESSION OF 2000

Introduced by Senator Bullard

ENROLLED SENATE BILL No. 257

AN ACT to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending section 8123 (MCL 600.8123), as amended by 1990 PA 54.

The People of the State of Michigan enact:

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) The forty-fourth district consists of the city of Royal Oak, is a district of the third class, and has 2 judges.

(3) The forty-fifth-a district consists of the city of Berkley, is a district of the third class, and has 1 judge.

(4) 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.

(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.

(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. Subject to section 8175, this district may have 1 additional judge subject to review and recommendation by the state court administrator to the legislature and subsequent legislation, if and when a district court judgeship is eliminated within the state of Michigan.

(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 3 judges.

(8) The fiftieth district consists of the city of Pontiac, is a district of the third class, and has 4 judges.

(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.

(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. Until January 1, 2003, the first division also includes the townships of Rose and White Lake. The first division has 3 judges. Subject to section 8175, this division may have 1 additional judge effective January 1, 2003. If the Oakland county board of commissioners approves that additional judgeship, the judgeship in the first division that is filled by the district judge of the first division whose term expires January 1, 2005 is transferred to the second division, effective January 1, 2003.

(b) The second division consists of the city of the village of Clarkston and the townships of Springfield, Independence, Holly, Groveland, and Brandon. Beginning January 1, 2003, the second division also includes the townships of Rose and White Lake. The second division has 1 judge; however, effective January 1, 2003, this division shall have 2 judges if a judgeship is transferred to this division from the first division pursuant to subdivision (a).

(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 3 judges.

Enacting section 1. The changes in the composition of first and second election divisions of the fifty-second district court district as provided in this amendatory act shall be effective for election purposes on March 1, 2002, and for judicial purposes on January 1, 2003. Electors of the townships of Rose and White Lake in Oakland county shall not be eligible to be a candidate for the office of district judge in the first election division of the fifty-second district in the primary and general elections of 2002, shall not be eligible to vote for that office in the primary and general elections of 2002, and are not qualified to sign nominating petitions for candidates for that office in 2002. If a vacancy occurs in the second election division of the fifty-second district prior to the filing deadline for the office of district judge in 2002, the townships of Rose and White Lake shall be considered part of the second election division for purposes of the election to fill the unexpired term of that judgeship.

Enacting section 2. (1) If a new office of judge is added to the first election division of the fifty-second district to be filled by election in 2002, both of the following apply:

(a) The term of office for the new judge elected in the first election division of the fifty-second district in the November 2002 general election shall be 4 years, for that election only.

(b) The term of office for the judge elected in the first election division of the fifty-second district in the November 2006 general election shall be 4 years, for that election only.

(2) The judge serving in the first election division of the fifty-second district who is transferred to the second election division of the fifty-second district pursuant to this amendatory act shall serve as a judge of the second election division of the fifty-second district for the balance of the term for which he or she was elected or appointed.

Enacting section 3. This amendatory act does not take effect unless Senate Bill No. 769 of the 90th Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.