SB-0525, As Passed Senate, January 16, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 525

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 511, 530, 545, 821, 8121, 8121a, 8122, 8123,

 

and 8124 (MCL 600.511, 600.530, 600.545, 600.821, 600.8121,

 

600.8121a, 600.8122, 600.8123, and 600.8124), section 530 as

 

amended by 2013 PA 33, section 821 as amended by 2016 PA 31,

 

sections 8121, 8121a, and 8123 as amended by 2014 PA 58, section

 

8122 as amended by 2002 PA 681, and section 8124 as amended by 1984

 

PA 95.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 511. (1) The Except as provided in subsection (2), the

 

tenth judicial circuit consists of the county of Saginaw and has 5

 

judges.

 

     (2) Beginning on the earlier of the following dates, the tenth

 


judicial circuit has 4 judges:

 

     (a) The date on which a vacancy occurs in the office of

 

circuit judge in the tenth judicial circuit, unless the vacancy

 

occurs after the vacating judge has been defeated in a primary or

 

general election.

 

     (b) The beginning date of the term for which an incumbent

 

circuit judge in the tenth judicial circuit no longer seeks

 

election or reelection to that office.

 

     Sec. 530. (1) Except as provided in subsection (2), the The

 

twenty-ninth judicial circuit consists of the counties of Clinton

 

and Gratiot and has 2 judges.

 

     (2) Beginning on the earlier of the following dates, the

 

twenty-ninth judicial circuit has 1 judge:

 

     (a) The date on which a vacancy occurs in the office of

 

circuit judge in the twenty-ninth judicial circuit.

 

     (b) The beginning date of the term for which an incumbent

 

circuit judge in the twenty-ninth judicial circuit no longer seeks

 

election or reelection to that office.

 

     Sec. 545. The forty-fourth judicial circuit consists of the

 

county of Livingston and has 2 judges. Subject to section 550, this

 

judicial circuit may have 1 additional judge beginning January 1,

 

2019. If this judgeship is added to the forty-fourth judicial

 

circuit, the initial term of office of the judgeship is 8 years.

 

     Sec. 821. (1) The following Except for the probate judge in

 

Keweenaw County who is not a judge of the first probate district

 

described in section 807, probate judges shall not engage in the

 

practice of law other than as a judge and shall must receive an


annual salary as calculated under this section. :

 

     (a) A probate judge of a county that is not described in

 

section 807.

 

     (b) The probate judge in each probate court district described

 

in section 807 in which a majority of the electors voting on the

 

question in each county of the probate court district has approved

 

or approves creation of the district.

 

     (c) A probate judge in a county having a population of 15,000

 

or more according to the 1990 federal decennial census, if the

 

county is not part of a probate court district created by law.

 

     (d) A probate judge who has the jurisdiction, powers, duties,

 

and title of a district judge within his or her respective county

 

under section 810a.

 

     (2) Each probate judge shall receive an annual salary

 

calculated as follows:

 

     (a) A minimum annual salary of the difference between 85% of

 

the salary of a justice of the supreme court as of December 31,

 

2015 and $45,724.00.

 

     (b) In addition to the amount calculated under subdivision

 

(a), a salary of $45,724.00 paid by the county or counties

 

comprising a probate court district. If a probate judge receives a

 

total additional salary of $45,724.00 from the county or counties

 

comprising a probate court district, and receives neither less than

 

nor more than $45,724.00, including any cost-of-living allowance,

 

the state shall reimburse the county or counties the amount that

 

the county or counties have paid to the judge.

 

     (c) In addition to the amounts under subdivisions (a) and (b),


an amount payable by the state that is equal to the amounts

 

calculated under subdivisions (a) and (b) multiplied by the

 

compounded aggregate percentage pay increases, excluding lump-sum

 

payments, paid to civil service nonexclusively represented

 

employees classified as executives and administrators on or after

 

January 1, 2016. The additional salary under this subdivision takes

 

effect on the same date as the effective date of the pay increase

 

paid to civil service nonexclusively represented employees

 

classified as executives and administrators. The additional salary

 

under this subdivision shall must not be based on a pay increase

 

paid to civil service nonexclusively represented employees

 

classified as executives and administrators if the effective date

 

of the increase was before January 1, 2016.

 

     (3) Six thousand dollars of the minimum annual salary provided

 

in subsection (2) shall must be paid by the county or counties

 

comprising a probate court district, and the balance of that

 

minimum annual salary shall must be paid by the state as a grant to

 

the county or the counties comprising the probate court district.

 

The county or counties comprising the probate court district, shall

 

in turn pay that amount to the probate judge. The state shall

 

annually reimburse the county or counties $6,000.00 for each

 

probate judge to offset the cost to the county or counties under

 

this section.

 

     (4) The salary calculated under this section is full

 

compensation for all services performed by a probate judge, except

 

as otherwise provided by law. In a probate court district, each

 

county of the district shall contribute to the salary in the same


proportion as the population of the county bears to the population

 

of the district.

 

     (5) An additional salary determined by the county board of

 

commissioners may be increased during a term of office but shall

 

must not be decreased, except to the extent of a general salary

 

reduction in all other branches of government in the county. In a

 

county where an additional salary is granted, it shall must be paid

 

at the same rate to all probate judges regularly holding court in

 

the county.

 

     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) Except as otherwise provided in this subsection, the

 

eighteenth district consists of the city of Westland, is a district

 

of the third class, and has 2 judges. If the governing bodies of

 

the cities of Westland and Wayne approve by resolutions the

 

consolidation of the eighteenth and twenty-ninth districts prior to

 

January 1, 2016, 2020, all of the following apply beginning January

 

1, 2016:2020:

 

     (a) The twenty-ninth district is abolished and the eighteenth

 

district consists of the cities of Westland and Wayne, is a

 

district of the third class, and has 3 judges. The additional

 

judgeship in the eighteenth district shall be filled by the

 

incumbent judge of the twenty-ninth district, who shall become a

 

judge of the eighteenth district for the balance of the term to


which he or she was elected or appointed. For purposes of the

 

November 2018 general election only, the term of the candidate for

 

district judge in the eighteenth district who receives the greatest

 

number of votes is 10 years and the term of the candidate for

 

district judge in the eighteenth district who receives the second

 

greatest number of votes is 6 years.

 

     (b) The clerks of the cities of Westland and Wayne 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. A resolution that is filed before

 

January 2, 2015 2019 is a valid approval of the consolidation.

 

     (c) By proposing or authorizing the consolidation of the

 

eighteenth and twenty-ninth 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 becomes effective on or after

 

December 23, 1978.

 

     (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 cities of

 

Ecorse, Lincoln Park, and River Rouge, is a district of the third

 

class, and has 2 judges.

 

     (11) If the governing bodies of the cities of Southgate,

 

Wyandotte, and Riverview approve by resolutions the formation of

 

the twenty-sixth district by the consolidation of the twenty-

 

seventh and twenty-eighth districts prior to January 1, 2016, all

 

of the following apply beginning January 1, 2016:

 

     (a) The twenty-sixth district is created by the consolidation

 

of the former twenty-seventh and twenty-eighth districts, consists

 

of the cities of Southgate, Wyandotte, and Riverview, is a district


of the third class, and has 2 judges. The judgeships in the twenty-

 

sixth district shall be filled by the individuals who were judges

 

of the twenty-seventh and twenty-eighth districts on December 31,

 

2015, and who shall serve as judges of the twenty-sixth district

 

for the balance of the terms to which they were elected or

 

appointed. The twenty-seventh and twenty-eighth districts shall

 

cease to exist as separate districts.

 

     (b) The clerks of the cities of Southgate, Wyandotte, and

 

Riverview 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. A resolution

 

that is filed before January 2, 2015 is a valid approval of the

 

consolidation.

 

     (c) By proposing or authorizing the consolidation of the

 

twenty-seventh and twenty-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 becomes effective on or after

 

December 23, 1978.

 

     (11) (12) Except as otherwise provided in subsection (11), the

 

The twenty-seventh district consists of the cities of Wyandotte and

 

Riverview, is a district of the third class, and has 1 judge.

 

     (12) (13) Except as otherwise provided in subsection (11), the

 

The twenty-eighth district consists of the city of Southgate, is a

 

district of the third class, and has 1 judge.

 

     (13) (14) Except as otherwise provided in subsection (3), the

 

twenty-ninth district consists of the city of Wayne, is a district

 

of the third class, and has 1 judge.

 

     (14) (15) The thirtieth district consists of the city of

 

Highland Park, is a district of the third class, and has 1 judge.

 

     (15) (16) The thirty-first district consists of the city of

 

Hamtramck, is a district of the third class, and has 1 judge.

 

     (16) (17) The thirty-second-a district consists of the city of

 

Harper Woods, is a district of the third class, and has 1 judge.

 

     (17) (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.

 

     (18) (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 the following number of

 

judges:

 

     (a) Until the date determined under subdivision (b), 3 judges.

 

     (b) Beginning on the earlier of the following dates, 2 judges:

 

     (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.

 

     (19) (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.

 

     (20) (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 3 judges.

 

     Sec. 8121a. (1) The thirty-sixth district consists of the city

 

of Detroit, is a district of the third class, and, has the

 

following number of judges:except as provided in subsection (2),

 

has 30 judges.

 

     (a) Until 12 noon, January 1, 2015, 31 judges.

 

     (b) Beginning 12 noon, January 1, 2015, 30 judges. The 1

 

judgeship eliminated from this district at 12 noon, January 1, 2015

 

shall be the judgeship of a judge who is not eligible to run for


reelection in 2014 due to constitutional limitation on the

 

effective date of the amendatory act that added this subdivision.

 

     (2) Beginning on the earlier of the following dates, the

 

thirty-sixth district has 29 judges:

 

     (a) The date on which a vacancy occurs in the office of

 

district judge in the thirty-sixth judicial district, unless that

 

vacancy occurs after the vacating judge has been defeated in a

 

primary or general election.

 

     (b) The beginning date of the term for which an incumbent

 

district judge in the thirty-sixth judicial district no longer

 

seeks election or reelection to that office.

 

     Sec. 8122. (1) The thirty-seventh district consists of the

 

cities of Warren and Center Line, is a district of the third class,

 

and has 4 judges.

 

     (2) The Except as otherwise provided in subsection (3), the

 

thirty-eighth district consists of the city of Eastpointe, is a

 

district of the third class, and has 1 judge.

 

     (3) The Except as otherwise provided in this subsection, the

 

thirty-ninth district consists of the cities of Roseville and

 

Fraser, is a district of the third class, and has 3 judges. If the

 

governing bodies of the cities of Roseville, Fraser, and Eastpointe

 

approve by resolutions the consolidation of the thirty-eighth and

 

thirty-ninth districts prior to January 1, 2020, all of the

 

following apply:

 

     (a) The thirty-eighth district is abolished and the thirty-

 

ninth district consists of the cities of Roseville, Fraser, and

 

Eastpointe, is a district of the third class, and has 4 judges. The


additional judgeship in the thirty-ninth district shall be filled

 

by the incumbent judge of the thirty-eighth district, who shall

 

become a judge of the thirty-ninth district for the balance of the

 

term to which he or she was elected or appointed.

 

     (b) The clerks of the cities of Roseville, Fraser, and

 

Eastpointe 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. A resolution

 

that is filed before January 2, 2019 is a valid approval of the

 

consolidation.

 

     (c) By proposing or authorizing the consolidation of the

 

thirty-eighth and thirty-ninth 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 becomes effective on or after

 

December 23, 1978.

 

     (4) The fortieth district consists of the city of Saint Clair

 

Shores, is a district of the third class, and has 2 judges.

 

     (5) The forty-first-a district consists of the cities of Utica

 

and Sterling Heights and the townships of Shelby and Macomb in the

 

county of Macomb, is a district of the third class, and has 4

 

judges.

 

     (6) The forty-first-b district consists of the city of Mt.

 

Clemens and the townships of Clinton and Harrison in the county of

 

Macomb, is a district of the third class, and has 3 judges.

 

     (7) The forty-second district consists of the cities of

 

Memphis, Richmond, and New Baltimore and the townships of Bruce,

 

Washington, Armada, Ray, Richmond, Lenox, and Chesterfield in the

 

county of Macomb, is a district of the second class, and is divided

 

into the following election divisions:

 

     (a) The first division consists of the cities of Memphis and

 

Richmond and the townships of Bruce, Washington, Armada, Ray, and

 

Richmond and has 1 judge.

 

     (b) The second division consists of the city of New Baltimore

 

and the townships of Lenox and Chesterfield and has 1 judge.

 

     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 The forty-fourth district consists of the cities of Royal

 

Oak and Berkley and has the following number of judges:2 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.

 

     (3) (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.

 

     (4) (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.

 

     (5) (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.

 

     (6) (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.


     (7) (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.

 

     (8) (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.

 

     (9) (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. 8124. The fifty-third district consists of the county of

 

Livingston, is a district of the first class, and has 2 the

 

following number of judges: . Subject to section 8175, this

 

district may have 1 additional judge effective January 1, 1987.

 

     (a) Until 12 noon, January 1, 2019, 3 judges.

 

     (b) Beginning 12 noon, January 1, 2019, 2 judges. The 1

 

judgeship eliminated from this district at 12 noon, January 1, 2019

 

shall be the judgeship of a judge who is not eligible to run for

 

reelection in 2018 due to constitutional limitation on the

 

effective date of the amendatory act that added this subdivision.