HB-5108, As Passed House, December 14, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 5108

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 803, 8112, 8156, and 8159 (MCL 600.803,

600.8112, 600.8156, and 600.8159), section 803 as amended by 2002

PA 715 and section 8112 as amended by 1998 PA 13.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 803. (1) Except as otherwise provided in this section,

each county which that is not part of a probate court district

created pursuant to sections 808 to 810 or previously created

pursuant to law shall have at least by law has 1 judge of probate.

     (2) Each probate court district created pursuant to by law

shall have has 1 judge of probate.

     (3) The county of Chippewa has the following number of judges

of probate:

     (a) Until April 1, 2012, 1 judge.

     (b) Beginning April 1, 2012, under section 15 of article VI of

the state constitution of 1963, the office of probate judge for the

county of Chippewa shall be combined with the office of judge of

the ninety-first judicial district, and the county of Chippewa

shall have 2 judges of probate. The judgeship added under this

subdivision shall be filled by the incumbent judge of the ninety-

first judicial district, who shall become a probate judge for the

county of Chippewa for the balance of the term to which he or she

was elected.

     (c) Beginning the earlier of the following dates, the county

of Chippewa has 1 judge of probate:

     (i) The date on which a vacancy occurs in the office of probate

judge in this county.

     (ii) The beginning date of the term for which an incumbent

probate judge in this county no longer seeks election or reelection

to that office.

     (4) The county of Delta has the following number of judges of

probate:

     (a) Until April 1, 2012, 1 judge.

     (b) Beginning April 1, 2012, under section 15 of article VI of

the state constitution of 1963, the office of probate judge for the

county of Delta shall be combined with the office of judge of the

ninety-fourth judicial district, and the county of Delta shall have

2 judges of probate. The judgeship added under this subdivision

shall be filled by the incumbent judge of the ninety-fourth

judicial district, who shall become a probate judge for the county

of Delta for the balance of the term to which he or she was

elected.

     (c) Beginning the earlier of the following dates, the county

of Delta has 1 judge of probate:

     (i) The date on which a vacancy occurs in the office of probate

judge in this county.

     (ii) The beginning date of the term for which an incumbent

probate judge in this county no longer seeks election or reelection

to that office.

(5) (3) The counties of Berrien, Calhoun, Genesee, Ingham,

Macomb, Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw shall

each have 2 judges of probate.

     (4) Until 12 noon, January 1, 2005, the county of Genesee

shall have 3 judges of probate; however, if, after 12 noon, January

1, 2003, a vacancy occurs in the judgeship held by the incumbent

probate judge in Genesee county whose term of office expires

January 1, 2005 and who would be ineligible to seek reelection to

that office in 2004, that probate judgeship is eliminated effective

12 noon, January 1, 2005. Beginning 12 noon, January 1, 2005, the

county of Genesee shall have 2 judges of probate.

     (5) Until 12 noon, January 1, 2005, the county of Macomb shall

have 3 judges of probate; however, if the incumbent probate judge

in Macomb county whose term of office as probate judge expires on

January 1, 2005 is elected in 2002 to the office of circuit judge

in the sixteenth judicial circuit for a term beginning January 1,

2003, that probate judgeship is eliminated effective 12 noon,

January 1, 2005. Beginning 12 noon, January 1, 2005, the county of

Macomb shall have 2 judges of probate.

     (6) The county of Kalamazoo shall have has 3 judges of

probate.

     (7) The county of Kent shall have has 4 judges of probate.

     (8) The county of Oakland shall have has 4 judges of probate.

     (9) The county of Wayne shall have the following number of

judges of probate:

     (a) Until subdivision (b) takes effect, the county of Wayne

shall have 9 judges of probate.

     (b) The county of Wayne shall have has 8 judges of probate.

beginning on the earliest of the following dates:

     (i) Upon the occurrence of a vacancy in a judgeship held by an

incumbent probate judge in Wayne county whose term expires on

January 1, 2005, and who would be ineligible to seek reelection to

that office in 2004.

     (ii) Upon the expiration of the term of an incumbent probate

judge who is not eligible to seek reelection to that office.

     (10) When 1 or more new judges of probate are authorized in a

county pursuant to under this section, the new judgeship or

judgeships shall appear on the ballot separate and apart from other

judicial offices of the same court in the primary and general

election.

     Sec. 8112. (1) Except as provided in subsection (2), the

second district consists of the counties of Lenawee and Hillsdale,

is a district of the first class, and is divided into the following

election divisions:

     (a) The first division consists of the county of Lenawee and

has 2 judges.

     (b) The second division consists of the county of Hillsdale

and has 1 judge.

     (2) Effective January 1, 1999, if the county of Lenawee

approves the creation of the second-a district pursuant to law, and

if the county of Hillsdale approves the creation of the second-b

district pursuant to law, both of the following apply:

(1) (a) The second-a district consists of the county of

Lenawee, is a district of the first class, and has 2 judges.

(2) (b) The Until 12 noon, January 1, 2015, the second-b

district consists of the county of Hillsdale, is a district of the

first class, and has 1 judge. Beginning 12 noon, January 1, 2015,

the second-b district consists of the county of Hillsdale and is a

district of the first class. Under section 810a, the probate judge

for the county of Hillsdale shall serve as judge of the second-b

district.

     Sec. 8156. The Until April 1, 2012, the ninety-first district

consists of the county of Chippewa, is a district of the first

class, and has 1 judge. Beginning April 1, 2012, the ninety-first

district consists of the county of Chippewa and is a district of

the first class. Under section 810a, a probate judge for the county

of Chippewa shall serve as judge of the ninety-first district.

     Sec. 8159. The Until April 1, 2012, the ninety-fourth district

consists of the county of Delta, is a district of the first class,

and has 1 judge. Beginning April 1, 2012, the ninety-fourth

district consists of the county of Delta and is a district of the

first class. Under section 810a, a probate judge for the county of

Delta shall serve as judge of the ninety-fourth district.