Act No. 251

Public Acts of 2010

Approved by the Governor

December 14, 2010

Filed with the Secretary of State

December 14, 2010

EFFECTIVE DATE: December 14, 2010

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Rep. Bledsoe

ENROLLED HOUSE BILL No. 6168

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 the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; 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 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 that maintain municipal courts and that contain, individually or in the aggregate, more than 50% of the population of the district elect to retain their municipal courts by resolution adopted by their respective governing bodies not later than June 24, 1968.

(2) Municipal courts retained under 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 municipal courts retained under subsection (1) is limited to their respective cities except that 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.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor