October 17, 2012, Introduced by Senators PAPPAGEORGE and GREGORY and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 8123 and 8132 (MCL 600.8123 and 600.8132),
section 8123 as amended by 2012 PA 37 and section 8132 as amended
by 2011 PA 300.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8123. (1) The forty-third district consists of the cities
of Madison Heights, Ferndale, and Hazel Park, is a district of the
third class, and has 3 judges.
(2) Except as otherwise provided in this subsection, the
forty-fourth district consists of the city of Royal Oak, is a
district
of the third class, and has 2 judges. Beginning January 2,
2013,
the forty-fourth district has 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 the forty-fourth district.
(b)
The beginning date of the term for which an incumbent
district
judge in the forty-fourth district no longer seeks
election
or reelection to that office.Beginning
January 1, 2015,
the forty-fourth district consists of the cities of Royal Oak and
Berkley, is a district of the third class, and has 2 judges.
Beginning January 1, 2015, the judge of the forty-fifth district
who was elected within the city of Berkley on or before February
29, 2012 shall become judge of the forty-fourth district for the
balance of the term to which he or she was elected or appointed.
Sections 8175 and 8176 do not apply to the reorganization of the
forty-fourth district. For purposes of the November 2020 general
election only, the term of the candidate for district judge in the
forty-fourth judicial district who receives the highest number of
votes is 8 years and the term of the candidate for district judge
in the forty-fifth district who receives the second highest number
of votes is 6 years.
(3) Except as otherwise provided in this subsection, the
forty-fifth-a
district consists of the city of Berkley, is a
district
of the third class, and has 1 judge. Subject to subsection
(11),
beginning July 1, 2012, the forty-fifth district is created.
The
forty-fifth district consists of
the cities of Berkley,
Huntington Woods, Oak Park, and Pleasant Ridge and the township of
Royal Oak in the county of Oakland, is a district of the third
class,
and has 3 judges. Beginning July 1, 2012, the forty-fifth-a
district
is abolished and the judge of the forty-fifth-a district
shall
become a judge of the forty-fifth district for the balance of
the
term to which he or she was elected or appointed. Sections 8175
and
8176 do not apply to the consolidation of the forty-fifth-a and
forty-fifth-b
districts. For purposes of the November 2020 general
election
only, the term of the candidate for district judge in the
forty-fifth
judicial district who receives the highest number of
votes
is 8 years and the term of the candidate for district judge
in
the forty-fifth judicial district who receives the second
highest
number of votes is 6 years. Beginning July 2, 2012, the
forty-fifth
district has 2 judges beginning on the earlier of the
following
dates:Beginning January 1,
2015, the forty-fifth district
consists of the cities of Huntington Woods, Oak Park, and Pleasant
Ridge and the township of Royal Oak in the county of Oakland, is a
district of the third class, and has 2 judges. The judges of the
forty-fifth district who were elected within the cities of
Huntington Woods, Oak Park, and Pleasant Ridge and the township of
Royal Oak in the county of Oakland on or before February 29, 2012
shall remain judges of the forty-fifth district for the balance of
the term to which they were elected. Sections 8175 and 8176 do not
apply to the reorganization of the forty-fifth district.
(a)
The date on which a vacancy occurs in the office of
district
judge in the forty-fifth district.
(b)
The beginning date of the term for which an incumbent
district
judge in the forty-fifth district no longer seeks election
or
reelection to that office.
(4)
Except as otherwise provided in this subsection, the
forty-fifth-b
district consists of the cities of Huntington Woods,
Oak
Park, and Pleasant Ridge and the township of Royal Oak in the
county
of Oakland, is a district of the third class, and has 2
judges.
Beginning July 1, 2012, the forty-fifth-b district is
abolished
and the judges of the forty-fifth-b district shall become
judges
of the forty-fifth district for the balance of the term to
which
they were elected or appointed.Any
physical reorganization
required to accomplish the reorganization of district boundaries
under subsections (2) and (3) shall be completed no later than
January 1, 2021.
(5) The forty-sixth district consists of the cities of
Southfield and Lathrup Village and the township of Southfield in
the county of Oakland, is a district of the third class, and has 3
judges.
(6) The forty-seventh district consists of the cities of
Farmington and Farmington Hills, is a district of the third class,
and has 2 judges.
(7) The forty-eighth district consists of the cities of
Birmingham, Bloomfield Hills, Sylvan Lake, Keego Harbor, and
Orchard Lake Village and the townships of Bloomfield and West
Bloomfield in the county of Oakland, is a district of the third
class, and has the following number of judges:
(a) Until the date determined under subdivision (b), the
forty-eighth district has 3 judges.
(b) The forty-eighth district has 2 judges 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) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(8) The fiftieth district consists of the city of Pontiac, is
a district of the third class, and has the following number of
judges:
(a) Until the date determined under subdivision (b), 4 judges.
(b) The fiftieth district has 3 judges 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) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(9) The fifty-first district consists of the township of
Waterford in the county of Oakland, is a district of the third
class, and has 2 judges.
(10) The fifty-second district consists of the county of
Oakland except the cities of Madison Heights, Ferndale, Hazel Park,
Royal Oak, Berkley, Huntington Woods, Oak Park, Pleasant Ridge,
Southfield, Lathrup Village, Farmington, Farmington Hills,
Northville, Sylvan Lake, Keego Harbor, Orchard Lake Village,
Birmingham, Bloomfield Hills, and Pontiac and the townships of
Royal Oak, Southfield, West Bloomfield, Bloomfield, and Waterford,
is a district of the second class, and is divided into the
following election divisions:
(a) The first division consists of the cities of Novi, South
Lyon, Wixom, and Walled Lake and the townships of Milford,
Highland, Commerce, Lyon, and Novi and has 3 judges.
(b) The second division consists of the city of the village of
Clarkston and the townships of Springfield, Independence, Holly,
Groveland, Brandon, Rose, and White Lake and has 2 judges.
(c) The third division consists of the cities of Rochester,
Auburn Hills, Rochester Hills, and Lake Angelus and the townships
of Oxford, Addison, Orion, and Oakland and has 3 judges.
(d) Except as otherwise provided in this subdivision, the
fourth division consists of the cities of Troy and Clawson and has
3 judges. Beginning 12 noon, January 1, 2013, the fourth division
has 2 judges.
(11)
If the district control units for the forty-fifth-a and
forty-fifth-b
district court districts submit an alternative
judicial
reorganization plan that is approved by the state court
administrative
office by July 1, 2012, then the reorganization
provisions
of subsections (3) and (4) do not apply.
Sec. 8132. (1) Until 12 noon, January 1, 2015, the sixty-
fifth-a district consists of the county of Clinton, is a district
of the first class, and has 1 judge. Beginning 12 noon, January 1,
2015, the sixty-fifth-a district consists of the county of Clinton
and is a district of the first class. Under section 810a, the
probate
judge for the county of Clinton shall serve as a the judge
of the sixty-fifth-a district.
(2) The sixty-fifth-b district consists of the county of
Gratiot, is a district of the first class, and has 1 judge.