HB-6168, As Passed House, June 1, 2010

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6168

 

May 18, 2010, Introduced by Rep. Bledsoe and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 9928 (MCL 600.9928).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9928. (1) The district court shall not function nor shall

 

district judges be elected in any district of the third class in

 

which 1 or more cities which that maintain municipal or police

 

courts and which that contain, individually or in the aggregate,

 

more than 50% of the population of the district elect to retain

 

their municipal or police courts by resolution adopted by their

 

respective governing bodies within 7 days after the effective date

 

of this section not later than June 24, 1968.

 

     (2) Municipal and police courts retained under the provisions

 


of this section shall perform all duties and powers which by law

 

may be performed by justices of the peace and the circuit court

 

commissioners.

 

     (3) The jurisdiction of such municipal or police courts

 

retained under subsection (1) is limited to their respective cities

 

except that where the district contains 1 or more townships such

 

courts shall exercise the same jurisdiction and powers in such

 

townships as they exercise in their respective cities if the

 

district contains 1 or more cities that have retained municipal

 

courts under subsection (1) and also contains a city that

 

previously was a village subject to the provisions of section 22a

 

of the home rule village act, 1909 PA 278, MCL 78.22a, but

 

subsequently was incorporated as a city, the newly incorporated

 

city may, by agreement with any 1 of the cities in the district

 

that has retained its municipal court, provide that the municipal

 

court shall exercise the same jurisdiction and powers with respect

 

to the newly incorporated city as it exercises in the city in which

 

it is located.

 

     (4) Notwithstanding any other provision of law, a city shall

 

not establish a municipal or police court after July 1, 1968.

 

     (5) The city clerks of cities adopting resolutions under this

 

section shall file copies of such resolutions with the court

 

administrator within 30 days after the adoption of such

 

resolutions.