HB-5005, As Passed House, October 24, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 5005

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 208, 304, 555, 821, and 8202 (MCL 600.208,

600.304, 600.555, 600.821, and 600.8202), sections 304 and 555 as

amended by 1996 PA 374, section 821 as amended by 2004 PA 492, and

section 8202 as amended by 1996 PA 388.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 208. (1) Each supreme court justice shall receive an

annual salary of $35,000.00 as determined by the state officers

compensation commission under section 12 of article IV of the state

constitution of 1963 and 1968 PA 357, MCL 15.211 to 15.218, payable

out of the moneys money appropriated by the legislature for the

supreme court.

     (2) The justices shall not receive any allowance for traveling

expenses between their residences and the seat of government.

     (3) The salary, expense allowances, and employment benefits

and perquisites of a supreme court justice do not include the

assignment of a state owned or leased vehicle to the justice.

(4) (3) The justices who attend judicial meetings called by

the court administrator shall may be reimbursed from the state

treasury, upon the warrant of the state treasurer, money

appropriated by the legislature for the supreme court for their

actual and necessary expenses.

     Sec. 304. (1) Effective January 1, 1997, and subject Subject

to subsection (2), each judge of the court of appeals shall receive

an annual salary equal to the greater of the following:

     (a) 92% of the annual salary of a justice of the supreme court

of this state.

     (b) $114,007.00.

     (2) An increase or decrease in the amount of salary payable to

a judge of the court of appeals caused by an increase or decrease

in the salary of a justice of the supreme court resulting from the

operation of Act No. 357 of the Public Acts of 1968, being sections

15.211 to 15.218 of the Michigan Compiled Laws section 12 of

article IV of the state constitution of 1963 and 1968 PA 357, MCL

15.211 to 15.218, shall not be effective until February 1 of the

year in on the date on which the increase or decrease in the salary

of a justice of the supreme court becomes effective. If an increase

in salary becomes effective on February 1 of a year in which an

increase in the salary of a justice of the supreme court becomes

effective, the increase shall be retroactive to January 1 of that

year.

     (3) The judges shall may be reimbursed for their actual and

necessary expenses from the state treasury, upon the warrant of the

state treasurer money appropriated by the legislature for the court

of appeals.

     (4) The salary, expense allowances, and employment benefits

and perquisites of a judge of the court of appeals do not include

the assignment of a state owned or leased vehicle to the judge.

(5) (4) A judge of the court of appeals shall be is eligible

to participate in the state contributory insurance programs on the

same basis as a justice of the supreme court.

Sec. 555. (1) Subject to subsection (5) (3), each circuit

judge shall receive an annual salary payable by the state as

provided in this section and may receive from any county in which

he or she regularly holds court an additional salary as determined

from time to time by the county board of commissioners. In any

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

the same rate to all circuit judges regularly holding court in that

county.

     (2) Until the salary of a justice of the supreme court exceeds

$128,538.00, each circuit judge shall receive an annual salary

determined as follows:

     (a) An annual salary payable by the state of $65,314.00.

     (b) An additional salary payable by the county or counties of

the judicial circuit. The state shall reimburse to a county or

counties paying an additional salary to a circuit judge $43,943.00,

if the total additional salary, including any cost-of-living

allowance, payable by that county or counties to a circuit judge is

not less than or more than $43,943.00. If the county or counties

pay a circuit judge less than or more than $43,943.00, the county

or counties are not entitled to reimbursement from the state under

this subsection.

     (3) If the salary of a justice of the supreme court exceeds

$128,538.00 but is not more than $130,633.00, each circuit judge

shall receive an annual salary determined as follows:

     (a) An annual salary payable by the state of $65,314.00.

     (b) An additional salary payable by the county or counties of

the judicial circuit. If a county or counties paying an additional

salary to a circuit judge pay a circuit judge the difference

between 85% of the salary of a justice of the supreme court and

$65,314.00, the state shall reimburse to the county or counties

that amount. If the county or counties pay a circuit judge an

additional salary, including any cost-of-living allowance, that

exceeds that amount, the county or counties are not entitled to

reimbursement from the state under this subsection.

     (4) If the salary of a justice of the supreme court exceeds

$130,633.00, each

     (2) Each circuit judge shall receive an annual salary

determined as follows:

     (a) An annual salary payable by the state that is the

difference between 85% of the salary of a justice of the supreme

court and $45,724.00.

     (b) An additional salary payable by the county or counties of

the judicial circuit. The state shall reimburse to a county or

counties paying an additional salary to a circuit judge $45,724.00,

if the total additional salary, including any cost-of-living

allowance, payable by that county or counties to a circuit judge is

not less than or more than equals $45,724.00. If the county or

counties pay a circuit judge less than or more than $45,724.00, the

county or counties are not entitled to reimbursement from the state

under this subsection.

(3) (5) An increase or decrease in the amount of salary

payable to a judge under subsection (1) this section caused by an

increase or decrease in the salary payable to a justice of the

supreme court resulting from the operation of Act No. 357 of the

Public Acts of 1968, being sections 15.211 to 15.218 of the

Michigan Compiled Laws section 12 of article IV of the state

constitution of 1963 and 1968 PA 357, MCL 15.211 to 15.218, shall

not be effective until February 1 of the year in on the date on

which the increase or decrease in the salary of a justice of the

supreme court becomes effective. If an increase in salary becomes

effective on February 1 of a year in which an increase in the

salary of a justice of the supreme court becomes effective, the

increase shall be retroactive to January 1 of that year.

(4) (6) Each circuit judge who holds court in a county other

than the county of his or her residence shall may be reimbursed for

his or her actual and necessary expenses incurred in holding court

subject to available appropriations. Each circuit judge entitled

authorized to the seek reimbursement shall certify the expenses

incurred to the court administrator for allowance. Upon allowance

by the administrator, the state treasurer shall issue a warrant on

the state treasury for payment reimbursement shall be paid from

money appropriated by the legislature for the judicial branch.

     (5) The salary, expense allowances, and employment benefits

and perquisites of a circuit judge do not include the assignment of

a state owned or leased vehicle to the judge.

(6) (7) A circuit judge whose case load is less than other

circuit judges may be authorized by the supreme court or state

court administrator to assist other courts and perform other

judicial duties, for limited periods or specific assignments. This

subsection shall not be construed as a directive to the supreme

court or state court administrator.

     Sec. 821. (1) The following probate judges Except as provided

in subsection (2), a probate judge shall not engage in the practice

of law other than as a judge and shall receive, subject to

subsection (6) (8), an annual salary provided in 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.

(2) (c) A Subsection (1) does not apply to a probate judge in

a county having that has a population of 15,000 or more less than

5,000 according to the 1990 most recent federal decennial census ,

if the county and that is not part of a probate court district

created pursuant to law.

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

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

pursuant to section 810a.

(3) (2) Each Subject to subsection (7), a probate judge, other

than a probate judge described in subsection (2), shall receive an

annual salary determined as follows:

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

the salary of a justice of the supreme court and $45,724.00.

     (b) An additional salary of $45,724.00 paid by the county or

by the counties comprising a probate court district. If a probate

judge receives a total additional salary of $45,724.00 from the

county, or from the counties comprising a probate court district,

and does not receive less than or 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.

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

provided in subsection (2) (3) shall be paid by the county, or by

the counties comprising a probate court district, and the balance

of that minimum annual salary shall be paid by the state as a grant

to the county or the counties comprising the probate court

district. The county, or the 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 of the county or counties

required by this section.

(5) (4) The salary provided in 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.

     (6) The salary, expense allowances, and employment benefits

and perquisites of a probate judge do not include the assignment of

a state owned or leased vehicle to the judge.

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

commissioners may be increased during a term of office but shall

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 be paid at the same

rate to all probate judges regularly holding court in the county.

(8) (6) An increase or decrease in the amount of salary

payable to a judge under subsection (1) (3)(a) caused by an

increase or decrease in the salary payable to a justice of the

supreme court resulting from the operation of section 12 of article

IV of the state constitution of 1963 and 1968 PA 357, MCL 15.211 to

15.218, is not effective until February 1 of the year in on the

date on which the increase or decrease in the salary of a justice

of the supreme court becomes effective. If an increase in salary

becomes effective on February 1 of a year in which an increase in

the salary of a justice of the supreme court becomes effective, the

increase is retroactive to January 1 of that year.

     Sec. 8202. (1) Subject to subsection (3), a district judge

shall receive an annual salary payable by this state as provided in

this section.

     (2) In addition to the salary received from this state, 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 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 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) An increase or decrease in the amount of salary payable to

a district judge under subsection (1) (4) caused by an increase or

decrease in the salary payable to a justice of the supreme court

resulting from the operation of Act No. 357 of the Public Acts of

1968, being sections 15.211 to 15.218 of the Michigan Compiled Laws

section 12 of article IV of the state constitution of 1963 and 1968

PA 357, MCL 15.211 to 15.218, shall not be effective until February

1 of the year in on the date on which the increase or decrease in

the salary of a justice of the supreme court becomes effective. If

an increase in salary becomes effective on February 1 of a year in

which an increase in the salary of a justice of the supreme court

becomes effective, the increase shall be retroactive to January 1

of that year.

     (4) Until the salary of a justice of a supreme court exceeds

$124,413.00, each district judge shall receive an annual salary of

$104,507.00 determined as follows:

     (a) An annual salary of $58,783.00 payable by the state.

     (b) An additional salary of $45,724.00 payable by 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 does not receive less than or

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.

     (5) If the salary of a justice of the supreme court exceeds

$124,413.00, each

     (4) Each district judge shall receive an annual salary

determined as follows:

     (a) A minimum annual salary of the difference between 84% of

the salary of a justice of the supreme court and $45,724.00.

     (b) An additional 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 does not receive less than or

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.

(5) (6) A district judge who holds court in a county other

than the county of the judge's residence shall may 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 be paid out of the state treasury pursuant to the accounting

laws of this state from money appropriated by the legislature for

the judicial branch.

     (6) The salary, expense allowances, and employment benefits

and perquisites of a district judge do not include the assignment

of a state owned or leased vehicle to the judge.

     (7) Salaries of a district court judge may be increased but

shall not be decreased during a term of office except and only to

the extent of a general salary reduction in all other branches of

government.

     (8) A district judge of the district court is eligible to be a

member of the Michigan judges retirement system created by the

judges retirement act of 1992, Act No. 234 of the Public Acts of

1992, being sections 38.2101 to 38.2608 of the Michigan Compiled

Laws 1992 PA 234, MCL 38.2101 to 38.2670.

     (9) The district court in a district may hold evening and

Saturday sessions.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5006 of the 94th Legislature is enacted into

law.