SENATE BILL NO. 764

February 04, 2020, Introduced by Senators THEIS, RUNESTAD, WOJNO, DALEY, VICTORY, LAUWERS, LUCIDO, ALEXANDER, GEISS, CHANG, SCHMIDT, MCMORROW, JOHNSON, VANDERWALL, BULLOCK, BARRETT, OUTMAN, MOSS, SANTANA, POLEHANKI, HOLLIER, MCBROOM, NESBITT, HERTEL and ANANICH and referred to the Committee on Judiciary and Public Safety.

"Revised judicature act of 1961,"

by amending section 8202 (MCL 600.8202), as amended by 2016 PA 31.

the people of the state of michigan enact:

Sec. 8202. (1) A Subject to subsection (8), a district judge shall receive an annual salary payable by this state as calculated under this section.

(2) In addition to the salary received from this state under subsection (1), a district judge may receive from a district funding unit in which the judge regularly holds court an additional salary as determined by the governing legislative body of the district funding unit as provided in this section. Supplemental salaries paid by a district funding unit shall must be uniform as to all judges who regularly hold court in the district funding unit. However, the total annual additional salary paid to a district court judge by the district funding units in which the judge regularly holds court shall must not cause the district judge's total annual salary received from state and district funding unit funds to exceed the maximum total salary allowed under this section.

(3) Each district judge shall receive an annual salary calculated as follows:

(a) A minimum annual salary payable by the state that is equal to the difference between 84% 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 from the district funding unit or units as provided in subsection (2). If a district judge receives a total additional salary of $45,724.00 from the district funding unit or units and receives neither less than nor more than $45,724.00, including any cost-of-living allowance, the state shall reimburse the district funding unit or units the amount that the unit or units 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.

(4) A district judge who holds court in a county other than the county of the judge's residence shall be reimbursed for his or her actual and necessary expenses incurred in holding court upon certification and approval by the state court administrator. Upon certification of the judge's expenses, the sum shall must be paid out of the state treasury under the accounting laws of this state.

(5) Salaries of a district court judge may be increased but shall must not be decreased during a term of office, except to the extent of a general salary reduction in all other branches of government.

(6) A judge of the district court is eligible to be a member of the Michigan judges retirement system created under the judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670.

(7) The district court in a district may hold evening and Saturday sessions.

(8) If a district judge is charged with a felony and as a result his or her docket is removed or he or she is suspended from acting as a district judge, the portion of the salary of that district judge that accumulates during the time the docket of the district judge is removed or the district judge is suspended must be held in escrow by the state court administrative office pending the outcome of the criminal proceeding. If the district judge is convicted of the felony, the money held in escrow under this subsection must be released to the state and to the county or counties that contributed the salary. If the district judge is found not guilty of the felony or if the felony charge is dismissed, the money held in escrow under this subsection must be released to the district judge on his or her reinstatement.

(9) As used in this section, "docket" means the legal causes to be tried by a judge.