50TH AND 52ND DISTRICTS: REVISE NUMBER OF JUDGESHIPS

50TH AND 52ND DISTRICTS: REVISE NUMBER OF JUDGESHIPS

House Bill 5942

Sponsor: Rep. Michael Bishop

Committee: Civil Law and the Judiciary

Complete to 8-2-02

A SUMMARY OF HOUSE BILL 5942 AS INTRODUCED 4-23-02

House Bill 5942 would revise the Revised Judicature Act of 1961 (MCL 600.8123) to decrease the number of judges in the 50^th District Court from four to three and to permit an increase in the number of judges in the third division of the 52^nd District Court from three to four. The bill would state that the 50^th District, which consists of the city of Pontiac, would have three judges beginning on the earliest of the following dates:

· the date on which a vacancy occurs in the office of district judge in the district as a result of death, resignation, retirement, removal from office, or removal of domicile beyond the limits of the district;

· upon the expiration of the term of an incumbent judge who is not eligible to seek reelection to that office;

· or upon the expiration of the term of an incumbent judge who is eligible to seek reelection but who does not file by affidavit to seek reelection to that office or who withdraws within three days after filing to seek reelection.

The bill would permit the third division of the 52^nd District, which consists of the cities of Rochester, Auburn Hills, and Lake Angelus and the townships of Oxford, Addison, Orion, and Oakland, to have one additional judge. The district would have to follow procedures for the addition of district judgeships, as set forth in current law. The district could have the additional judge as of January 1 of the first odd numbered year that begins at least nine months after the date on which the number of judges in the 50^th District is reduced from four to three-i.e., not sooner than January 1, 2005.

Analyst: J. Caver

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.