STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Rep. Walsh

ENROLLED HOUSE BILL No. 5101

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 sections 524, 8146, 8147, and 8148 (MCL 600.524, 600.8146, 600.8147, and 600.8148), as amended by 2002 PA 92.

The People of the State of Michigan enact:

Sec. 524. (1) Except as provided in subsection (2), the twenty-third judicial circuit consists of the counties of Alcona, Arenac, Iosco, and Oscoda and has 2 judges. For purposes of the November 2008 general election only, the term of the candidate for circuit judge in this circuit who receives the highest number of votes is 8 years, and the term of the candidate receiving the second highest number of votes is 6 years.

(2) Beginning on the earlier of the following dates, the twenty-third judicial circuit has 1 judge:

(a) The date on which a vacancy occurs in the office of circuit judge in the twenty-third judicial circuit.

(b) The beginning date of the term for which an incumbent circuit judge in the twenty-third judicial circuit no longer seeks election or reelection to that office.

Sec. 8146. (1) Until the date determined under subsection (2), the eighty-first district consists of the counties of Alcona, Arenac, Iosco, and Oscoda, is a district of the first class, and has 1 judge.

(2) Beginning on the date on which a vacancy occurs in the office of district judge in the eighty-first district or the beginning date of the term for which the incumbent district judge in the eighty-first district no longer seeks election or reelection to that office, whichever is earlier, all of the following apply:

(a) The eighty-first district consists of the counties of Alcona, Arenac, Iosco, and Oscoda and is a district of the first class.

(b) Under section 810a, the probate judge for the county of Alcona shall serve as judge of the eighty-first district within the county of Alcona.

(c) Under section 810a, the probate judge for the county of Arenac shall serve as judge of the eighty-first district within the county of Arenac.

(d) Under section 810a, the probate judge for the county of Iosco shall serve as judge of the eighty-first district within the county of Iosco.

(e) Under section 810a, the probate judge for the county of Oscoda shall serve as judge of the eighty-first district within the county of Oscoda.

Sec. 8147. (1) Except as provided in subsection (2), the eighty-second district consists of the county of Ogemaw, is a district of the first class, and has 1 judge.

(2) Beginning April 1, 2012, the eighty-second district consists of the counties of Ogemaw and Roscommon, is a district of the first class, and has 2 judges. The additional judgeship in the eighty-second district shall be filled by the incumbent judge of the eighty-third district, who shall become a judge of the eighty-second district for the balance of the term to which he or she was elected or appointed. The eighty-second district shall have 1 judge beginning on the earlier of the following dates:

(a) The date on which a vacancy occurs in the office of district judge in this district.

(b) The beginning date of the term for which an incumbent district judge in this district no longer seeks election or reelection to that office.

(3) Sections 8175 and 8176 do not apply to the consolidation of the eighty-second and eighty-third districts.

Sec. 8148. (1) Except as provided in subsection (2), the eighty-third district consists of the county of Roscommon, is a district of the first class, and has 1 judge.

(2) Beginning April 1, 2012, the eighty-third district is abolished and the incumbent judge of the eighty-third district shall become a judge of the eighty-second district for the balance of the term to which he or she was elected or appointed.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor