April 12, 2011, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 301, 302, 504, 810a, 8121, 8150, and 8176 (MCL
600.301, 600.302, 600.504, 600.810a, 600.8121, 600.8150, and
600.8176), section 301 as amended by 1993 PA 190, section 302 as
amended by 2001 PA 117, section 504 as amended by 2002 PA 715,
section 810a as amended by 2004 PA 492, section 8121 as amended by
2001 PA 258, and section 8176 as amended by 2002 PA 92, and by
adding section 303e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
301. The Except as
provided in section 303e, the court of
appeals consists of 28 judges and is a court of record.
Sec. 302. The state is divided into 4 judicial districts for
the
election of judges of the court of appeals. Each Except as
provided in section 303e, each district is entitled to 7 judges.
The districts are constituted and numbered as follows:
(a) District 1 consists of the counties of Calhoun, Hillsdale,
Lenawee, Monroe, and Wayne.
(b) District 2 consists of the counties of Genesee, Macomb,
Oakland, and Shiawassee.
(c) District 3 consists of the counties of Allegan, Barry,
Berrien, Branch, Cass, Eaton, Ionia, Jackson, Kalamazoo, Kent,
Muskegon, Newaygo, Ottawa, St. Joseph, Van Buren, and Washtenaw.
(d) District 4 consists of the counties of Alcona, Alger,
Alpena, Antrim, Arenac, Baraga, Bay, Benzie, Charlevoix, Cheboygan,
Chippewa, Clare, Clinton, Crawford, Delta, Dickinson, Emmet,
Gladwin, Gogebic, Grand Traverse, Gratiot, Houghton, Huron, Ingham,
Iosco, Iron, Isabella, Kalkaska, Keweenaw, Lake, Lapeer, Leelanau,
Livingston, Luce, Mackinac, Manistee, Marquette, Mason, Mecosta,
Menominee, Midland, Missaukee, Montcalm, Montmorency, Oceana,
Ogemaw, Ontonagon, Osceola, Oscoda, Otsego, Presque Isle,
Roscommon, Saginaw, Sanilac, Schoolcraft, St. Clair, Tuscola, and
Wexford.
Sec. 303e. (1) Beginning on the effective date of this
section, the court of appeals has 24 judges, and each judicial
district for the election of judges of the court of appeals is
entitled to 6 judges.
(2) To effectuate the transition from 7 judges to 6 judges in
each district, each district has 7 judges until the earlier of the
following dates, at which time that district shall have 6 judges:
(a) The date on which a vacancy occurs in the office of judge
of the court of appeals in that district.
(b) The beginning date of the term for which an incumbent
judge of the court of appeals in that district no longer seeks
election or reelection to that office.
Sec.
504. (1) The third judicial circuit consists of the
county
of Wayne and has the following number of judges:
(a)
Until 12 noon, January 1, 2003, 64 60
judges.
(b)
Beginning 12 noon, January 1, 2003, 63 judges; however,
if,
after 12 noon, January 1, 2003, a vacancy occurs in a judgeship
held
by an incumbent judge of this circuit who would be ineligible
to
seek reelection to that office in 2004, that judgeship is
eliminated
unless the total number of judgeships in this circuit
has
been reduced to 61 before that vacancy occurred.
(c)
Beginning 12 noon, January 1, 2005, 61 judges.
Sec.
810a. (1) The probate judges in the counties of Arenac,
Kalkaska,
Crawford, Lake, Iron, and Ontonagon, have
the
jurisdiction,
powers, duties, and title of a district judge within
their
respective counties, in addition to the jurisdiction, powers,
duties,
and title of a probate judge.
(2)
Beginning January 2, 2007, in addition to the probate
judges
described in subsection (1), the probate judges in the
counties
of Manistee, Alcona, Baraga, Benzie, Missaukee,
Montmorency, Oscoda, and Presque Isle have the jurisdiction,
powers, duties, and title of a district judge within their
respective counties, in addition to the jurisdiction, powers,
duties, and title of a probate judge.
Sec. 8121. (1) The sixteenth district consists of the city of
Livonia, is a district of the third class, and has 2 judges.
(2) The seventeenth district consists of the township of
Redford in the county of Wayne, is a district of the third class,
and has 2 judges.
(3) The eighteenth district consists of the city of Westland,
is a district of the third class, and has 2 judges.
(4) The nineteenth district consists of the city of Dearborn,
is a district of the third class, and has 3 judges.
(5) The twentieth district consists of the city of Dearborn
Heights, is a district of the third class, and has 2 judges.
(6) The twenty-first district consists of the city of Garden
City, is a district of the third class, and has 1 judge.
(7) The twenty-second district consists of the city of
Inkster, is a district of the third class, and has 1 judge.
(8) The twenty-third district consists of the city of Taylor,
is a district of the third class, and has 2 judges.
(9) The twenty-fourth district consists of the cities of Allen
Park and Melvindale, is a district of the third class, and has 2
judges.
(10) The twenty-fifth district consists of the city of Lincoln
Park, is a district of the third class, and has 2 judges.
(11) The twenty-sixth district consists of the cities of River
Rouge
and Ecorse, is a district of the third class, and is divided
into
the following election divisions:
(a)
The first division consists of the city of River Rouge and
has
1 judge.
(b)
The second division consists of the city of Ecorse and has
1 judge.
(12)
The twenty-seventh district consists of the following, as
applicable:
(a)
Until January 1, 2003 or until a vacancy occurs in a
judgeship
in the twenty-seventh district, whichever occurs first,
the
twenty-seventh district consists of the cities of Wyandotte and
Riverview,
is a district of the third class, and is divided into
the
following election divisions:
(i) The first division consists of the city of
Wyandotte and
has
1 judge.
(ii) The second division consists of the city of
Riverview and
has
1 judge.
(b)
Beginning January 1, 2003 or the date on which a vacancy
occurs
in a judgeship in the twenty-seventh district, whichever
occurs
first, the twenty-seventh district consists of the cities of
Wyandotte and Riverview, is a district of the third class, and has
1
judge. The remaining incumbent judge of the twenty-seventh
district
shall serve as the judge of the entire twenty-seventh
district
for the balance of the term to which he or she was elected
or
appointed.
(13) The twenty-eighth district consists of the city of
Southgate, is a district of the third class, and has 1 judge.
(14) The twenty-ninth district consists of the city of Wayne,
is a district of the third class, and has 1 judge.
(15) The thirtieth district consists of the city of Highland
Park,
is a district of the third class, and has the following
number
of judges: 1 judge.
(a)
Until subdivision (b) takes effect, this district has 2
judges.
(b)
This district has 1 judge beginning on the earlier of the
following
dates:
(i) The date on which a vacancy occurs in the office
of
district
judge in this district.
(ii) 12 noon, January 1, 2003.
(16) The thirty-first district consists of the city of
Hamtramck, is a district of the third class, and has 1 judge.
(17) The thirty-second-a district consists of the city of
Harper Woods, is a district of the third class, and has 1 judge.
(18) The thirty-second-b district consists of the cities of
Grosse Pointe Woods, Grosse Pointe Park, Grosse Pointe, and Grosse
Pointe Farms, and the village of Grosse Pointe Shores, is a
district of the third class, and has 1 judge.
(19) The thirty-third district consists of the cities of
Trenton, Gibraltar, Woodhaven, Rockwood, and Flat Rock and the
townships of Brownstown and Grosse Ile in the county of Wayne, is a
district of the third class, and has 3 judges.
(20) The thirty-fourth district consists of the townships of
Sumpter, Van Buren, and Huron in the county of Wayne and the cities
of Romulus and Belleville, is a district of the third class, and
has 3 judges.
(21) The thirty-fifth district consists of the cities of
Northville and Plymouth and the townships of Northville, Plymouth,
and Canton in the county of Wayne, is a district of the third
class,
and has 2 3 judges. Subject to section 8175, this district
may
have 1 additional judge effective January 1, 2003. If a new
office
of judge is added to this district to be filled by election
in
2002, the term of office of the judge for that election only
shall
be 8 years.
Sec.
8150. (1) The eighty-fifth district consists of the
counties
of Manistee and Benzie, is a district of the first class
and
has 1 judge. The
eighty-fifth-a district consists of the county
of Manistee and is a district of the first class. Pursuant to
section 810a, the probate judge for the county of Manistee shall
serve as judge of the eighty-fifth-a district.
(2) The eighty-fifth-b district consists of the county of
Benzie and is a district of the first class. Pursuant to section
810a, the probate judge for the county of Benzie shall serve as
judge of the eighty-fifth-b district.
Sec. 8176. (1) If a new district is proposed by law, that new
district shall not be created and any district judgeship proposed
for the district shall not be authorized or filled by election
unless each district control unit in the proposed district, by
resolution adopted by the governing body of the district control
unit, approves the creation of the new district and each judgeship
proposed for the district and unless the clerk of each district
control unit adopting that resolution files a copy of the
resolution with the state court administrator not later than 4 p.m.
of the sixteenth Tuesday preceding the August primary for the
election immediately preceding the effective date of the new
district. The state court administrator shall immediately notify
the elections division of the department of state with respect to
each new judicial district and district judgeship authorized
pursuant to this subsection.
(2) A resolution required under subsection (1) that is filed
before the effective date of the amendatory act that authorized
that new district is a valid approval for purposes of this section
only if the filing occurs within the 2-year state legislative
session
during which when the amendatory act was enacted. A
resolution required under subsection (1) that is filed after the
effective date of the amendatory act that authorized that new
district is a valid approval for purposes of this section only if
the filing occurs not later than 4 p.m. of the sixteenth Tuesday
preceding the August primary for the election immediately preceding
the effective date of the new district.
(3) By proposing a new district and 1 or more district
judgeships for the district, the legislature is not creating that
district or any judgeship in the district. If a district control
unit, acting through its governing body, approves the creation of a
new district and 1 or more district judgeships proposed by law for
that district, that approval constitutes an exercise of the
district control unit's option to provide a new activity or service
or to increase the level of activity or service offered in the
district control unit beyond that required by existing law, as the
elements of that option are defined by 1979 PA 101, MCL 21.231 to
21.244, and a voluntary acceptance by the district control unit of
all
expenses and capital improvements which that may result from
the creation of the new district and each judgeship. However, the
exercise of the option does not affect the state's obligation to
pay
the same portion of each judge's salary which that is
paid by
the state to other district judges as provided by law, or to
appropriate and disburse funds to the district control unit for the
necessary costs of state requirements established by a state law
which
that becomes effective on or after December 23, 1978.
(4) Each district judgeship created pursuant to subsection (1)
shall
be filled by election pursuant to under the Michigan
election
law, 1954 PA 116, MCL 168.1 to 168.992. The first term of each
district judgeship shall be 6 years, unless the law permitting the
creation of the new district and 1 or more judgeships provides for
a term of a different length.
(5) The reformation of the seventy-eighth, seventy-ninth,
eighty-first, eighty-second, eighty-third, and eighty-seventh
judicial
districts pursuant to the 2002 amendatory act that added
this
subsection 2002 PA 92 does not require the a resolution of
approval of the district control unit under this section or section
8175.
(6) The division of a district or the consolidation of 2 or
more districts that does not result in an increase in the total
number of judgeships does not require a resolution of approval by
the district control unit under this section or section 8175.
Enacting section 1. This amendatory act takes effect April 1,
2012.