SB-0453, As Passed House, May 18, 2016

SUBSTITUTE FOR

SENATE BILL NO. 453

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 8501 (MCL 600.8501), as amended by 1988 PA 135.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 8501. (1) In a county which that elects by itself fewer

than 2 district judges, the county board of commissioners shall

provide for 1 district court magistrate. In all other counties in

districts of the first and second class, the county board of

commissioners shall provide for at least not less than 1 magistrate

when if recommended by the judges of the district. Additional

magistrates may be provided by the board upon recommendation of the

judges. All magistrates provided for shall be appointed by the

judges of the district and the appointments shall be subject to

approval by the county board of commissioners before a person

assumes the duties of the office of magistrate.

     (2) In each district of the third class, the judge or judges

of the district may appoint 1 or more district court magistrates. A

person shall not be appointed magistrate unless the person is a

registered elector in the district for which the person was

appointed or in an adjoining district if the appointment is made

under a plan of concurrent jurisdiction adopted under chapter 4.

Before a person assumes the duties of the office of magistrate in a

district of the third class, the appointment of that person as a

district court magistrate shall be is subject to approval by the

governing body or bodies of the district control unit or units

which, that, individually or in the aggregate, contain more than

50% of the population of the district. This subsection shall does

not apply to the thirty-sixth district.

     (3) The thirty-sixth district shall have not more than 6

district court magistrates. The chief judge of the thirty-sixth

district may appoint 1 or more magistrates as permitted by this

subsection. If a vacancy occurs in the office of district court

magistrate, the chief judge may appoint a successor. Each

magistrate appointed under this subsection shall serve at the

pleasure of the chief judge of the thirty-sixth district.

     (4) A person shall not be appointed district court magistrate

under subsection (3) unless the person is a registered elector in

the district or in an adjoining district if the appointment is made

under a plan of concurrent jurisdiction adopted under chapter 4.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.