September 10, 2015, Introduced by Senator ROBERTSON 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 8134 (MCL 600.8123 and 600.8134),
section 8123 as amended by 2014 PA 58 and section 8134 as amended
by 2014 PA 60.
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,
2015, the forty-fourth district consists of the cities of Royal Oak
and Berkley and has the following number of judges:
(a) Until the dates determined under subdivisions (b) and (c),
3 judges.
(b) Beginning January 3, 2015, the forty-fourth 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 the forty-fourth district, unless the vacancy
occurs after the vacating judge has been defeated in a primary or
general election.
(ii) 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.
(c) Following the reduction in the number of judgeships from 3
to 2 under subdivision (b), the forty-fourth 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 the forty-fourth district, unless the vacancy
occurs after the vacating judge has been defeated in a primary or
general election.
(ii) 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.
(3) Except as otherwise provided in this subsection, the
forty-fifth-a district is created, consists of the city of Berkley,
is a district of the third class, and has 1 judge. The person
serving as judge of the forty-fifth-a district on June 30, 2012, or
his or her successor, shall serve as judge of the forty-fifth-a
district until that district is abolished under this subsection.
For purposes of the November 2014 general election only, the term
of the person elected district judge in the forty-fifth-a district
is 8 years. Beginning January 2, 2015, the forty-fifth-a district
is abolished and the judge of the forty-fifth-a district shall
become a 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, forty-
fifth, forty-fifth-a, and forty-fifth-b districts. Any physical
reorganization required to accomplish the reorganization of
district boundaries under this subsection and subsection (2) shall
be completed no later than January 1, 2021.
(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 district is
created. 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. 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. For purposes of
the November 2014 general election only, the term of the candidate
for district judge in the forty-fifth judicial district who
receives the greatest 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 greatest number of votes is 6
years.
(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, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(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, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(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) The fourth division consists of the cities of Troy and
Clawson and has 2 judges.
Sec. 8134. (1) Unless the sixty-seventh district court and the
sixty-eighth district court are consolidated under subsection (4),
the sixty-seventh district consists of the county of Genesee except
the city of Flint, is a district of the second class, and is
divided into the following election divisions:
(a) The first division consists of the cities of Flushing and
Clio and the townships of Flushing, Flint, Montrose, Thetford, and
Vienna and has 1 judge.
(b) The second division consists of the cities of Davison and
Burton and the townships of Davison, Forest, Richfield, and Atlas
and has 2 judges.
(c) The third division consists of the city of Mt. Morris and
the townships of Mt. Morris and Genesee and has 1 judge.
(d)
The fourth division consists of the cities of Fenton,
Grand
Blanc , and
Swartz Creek and the townships of Fenton,
Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2
judges. The fourth division also includes the city of Fenton, which
is located in both the counties of Genesee and Oakland.
(2) Unless the sixty-seventh district court and the sixty-
eighth district court are consolidated under subsection (4),
notwithstanding any other provision of this act, the county board
of commissioners may by resolution designate the county seat as a
place where the court for the sixty-seventh district shall sit in a
central court facility. The adoption of a resolution described in
this subsection does not require the approval of the majority of
the judges of the district, and binds the county to maintain a
court facility in each municipality in the sixty-seventh district
where a court facility exists on the date of the resolution.
(3) Except as provided in subsection (4), the sixty-eighth
district consists of the city of Flint, is a district of the third
class, and has the following number of judges:
(a)
Until the date determined under subdivision (b), takes
effect,
this district has 5 judges.
(b) This district has 4 judges beginning on the earlier of the
following dates:
(i) The date on which a vacancy occurs in the office of
district judge in the sixty-eighth district, unless the vacancy
occurs after the vacating judge has been defeated in a primary or
general election.
(ii) The beginning date of the term for which an incumbent
district judge in the sixty-eighth district no longer seeks
election or reelection to that office.
(4) If the governing body of the county of Genesee, by a vote
of 2/3 of the commissioners elected and serving, and the governing
body of the city of Flint approve by resolutions the consolidation
of the sixty-seventh and sixty-eighth districts, all of the
following apply:
(a) Beginning the first January 2 after the approval of both
governing bodies, the sixty-eighth district is abolished and the
sixty-seventh district consists of the county of Genesee, is a
district of the first class, and is divided into the following
election divisions:
(i) The first division consists of the cities of Flushing and
Clio and the townships of Flushing, Flint, Montrose, Thetford, and
Vienna and has 1 judge.
(ii) The second division consists of the cities of Davison and
Burton and the townships of Davison, Forest, Richfield, and Atlas
and has 2 judges.
(iii) The third division consists of the city of Mt. Morris
and the townships of Mt. Morris and Genesee and has 1 judge.
(iv) The fourth division consists of the cities of Fenton,
Grand Blanc, and Swartz Creek and the townships of Fenton,
Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2
judges.
(v) The fifth division consists of the city of Flint. The
judgeships in the fifth division shall be filled by the incumbent
judges of the sixty-eighth district, who shall become judges of the
fifth division for the balance of the term to which they were
elected or appointed. The fifth division has the following number
of judges:
(A) If there are 5 judges in the sixty-eighth district at the
time the sixty-seventh and sixty-eighth districts are consolidated,
this division has 5 judges. This division has 4 judges beginning on
the date on which a vacancy occurs in the office of district judge
in this division unless the vacancy occurs after the vacating judge
has been defeated in a primary or general election, or the
beginning date of the term for which an incumbent district judge in
this division no longer seeks election or reelection to that
office, whichever is earlier.
(B) If there are 4 judges in the sixty-eighth district at the
time the sixty-seventh and sixty-eighth districts are consolidated,
this division has 4 judges.
(b) The clerk of the county of Genesee and the clerk of the
city of Flint shall file copies of the resolutions with the state
court administrator, who, as authorized by the supreme court, shall
notify the elections division of the department of state that the
consolidation has been approved under this section.
(c)
For not less than 2 years after the effective date of the
amendatory
act that added this subdivision, March
27, 2014, the
governing body of the county of Genesee shall maintain a court
facility in each municipality within the county where a court
facility
exists on the effective date of the amendatory act that
added
this subdivision. March 27,
2014. The governing body of the
county of Genesee may maintain court facilities in any municipality
within
the county after the 2-year period described in this
subdivision
has elapsed.March 27, 2016.
(d) By proposing or authorizing the consolidation of the
sixty-seventh and sixty-eighth districts, the legislature is not
creating a new obligation for any affected district control unit.
If a district control unit, acting through its governing body,
approves the consolidation, then the approval constitutes an
exercise of the district control unit's option to increase the
level of activity and service offered in that district control unit
beyond that required by existing law, as the elements of that
option are provided by 1979 PA 101, MCL 21.231 to 21.244, and a
voluntary acceptance by that district control unit of all expenses
and capital improvements that may result from the consolidation of
the districts. However, the exercise of the option does not affect
the state's obligation to pay the same portion of each judge's
salary 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 that takes effect on or after December
23, 1978.
(e) Sections 8177 and 8178 do not apply to the consolidation
of the sixty-seventh and sixty-eighth districts.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.