August 26, 2009, Introduced by Reps. Rick Jones, Calley, Moss, Haines and Knollenberg and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 411, 504, 524, 807, 8117, 8146, 8152, 8160,
8161, 8162, 8163, and 8202 (MCL 600.411, 600.504, 600.524, 600.807,
600.8117, 600.8146, 600.8152, 600.8160, 600.8161, 600.8162,
600.8163, and 600.8202), section 411 as added by 2005 PA 326,
section 504 as amended by 2002 PA 715, sections 524 and 8146 as
amended by 2002 PA 92, section 807 as amended by 2004 PA 492,
section 8117 as amended by 2005 PA 237, section 8152 as amended by
2008 PA 137, and section 8202 as amended by 1996 PA 388, and by
adding section 810b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411. A plan of concurrent jurisdiction may provide that a
probate judge of a county described in section 810a or 810b has the
jurisdiction, powers, and duties of a district judge within that
county, including jurisdiction over small claims and civil
infraction actions and the power of appointment to a public office
delegated by constitution or statute to the district judge.
Sec.
504. (1) The third judicial circuit consists of the
county of Wayne and has the following number of judges:
(a)
Until 12 noon, January 1,
2003, 64 2013, 61 judges.
(b)
Beginning 12 noon, January 1,
2003, 63 2013, 59 judges. ;
however,
if, after 12 noon, January
1, 2003, a vacancy occurs in a
judgeship
held by an incumbent judge of this circuit who would be
ineligible
to seek reelection to that office in 2004, that
judgeship
is eliminated unless the total number of judgeships in
this
circuit has been reduced to 61 before that vacancy occurred.
(c)
Beginning 12 noon, January 1,
2005, 61 2015, 58 judges.
Sec.
524. (1) The twenty-third judicial circuit consists of
the
counties of Iosco and Oscoda and has 1 judge. Beginning April
1,
2003, the The twenty-third judicial circuit consists of the
counties of Alcona, Arenac, Iosco, and Oscoda and, except as
provided
in subsections (2) and (3), has 2
judges. The additional
judgeship
in this circuit shall be filled by the incumbent circuit
judge
of the thirty-fourth circuit residing in Arenac county with a
term
ending January 1, 2009, who shall serve as a judge of the
twenty-third
circuit for the balance of the term to which he or she
was
elected or appointed. For purposes
of the November 2008 general
election only, the term of the candidate for circuit judge in this
circuit who receives the highest number of votes shall be 8 years,
and the term of the candidate receiving the second highest number
of votes shall be 6 years.
(2) Unless subsection (3) applies, this judicial circuit shall
have 1 judge beginning on the earlier of the following dates:
(a) The date on which a vacancy occurs in the office of
circuit judge in this judicial circuit.
(b) The beginning date of the term for which an incumbent
circuit judge in this judicial circuit no longer seeks election or
reelection to that office.
(3) Subsection (2) does not take effect if the formation of
the sixteenth probate court district is approved by a majority of
the electors voting on the question in each of the affected
counties not later than September 1, 2011, pursuant to section 808.
Sec. 807. A probate court district is created in each of the
following described districts when a majority of the electors
voting on the question in each affected county approves the probate
court district. The districts shall consist as follows:
(a) The first district consists of the counties of Houghton
and Keweenaw.
(b) The second district consists of the counties of Ontonagon
and Gogebic.
(c) (b)
The fifth district consists of the
counties of
Schoolcraft and Alger.
(d) (c)
The sixth district consists of the
counties of
Mackinac and Luce.
(e) (d)
The seventh district consists of
the counties of Emmet
and Charlevoix.
(f) The fifteenth district consists of the counties of Alcona
and Oscoda.
(g) The sixteenth district consists of the counties of Iosco
and Arenac.
(h) (e)
The seventeenth district consists
of the counties of
Clare and Gladwin.
(i) (f)
The eighteenth district consists of
the counties of
Mecosta and Osceola.
Sec. 810b. (1) Beginning on the date provided in subsection
(2), the probate judges in each of the counties of Iosco, Otsego,
Dickinson, Menominee, Houghton, Keweenaw, and Gogebic have the
jurisdiction, powers, duties, and title of a district judge within
that county, in addition to the jurisdiction, powers, duties, and
title of a probate judge.
(2) Subsection (1) takes effect for each county named in
subsection (1) on the date the district judgeship in that county is
eliminated by law.
Sec. 8117. (1) The eighth district consists of the county of
Kalamazoo, is a district of the first class, and, except as
provided in subsection (2), has 7 judges.
(2) This district shall have 6 judges beginning on the earlier
of the following dates:
(a) The date on which a vacancy occurs in the office of
district judge in this district.
(b) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
Sec.
8146. (1) The eighty-first district consists of the
counties
of Iosco and Arenac, is a district of the first class, and
has
1 judge. Beginning April 1, 2003, the The
eighty-first district
consists of the counties of Alcona, Arenac, Iosco, and Oscoda, is a
district of the first class, and, except as provided in subsections
(2) and (3), has 1 judge.
(2) Unless subsection (3) applies, the following provisions
apply to this district beginning on the date on which a vacancy
occurs in the office of district judge in this district, or the
beginning date of the term for which an incumbent district judge in
this district no longer seeks election or reelection to that
office, whichever is earlier:
(a) Pursuant to section 810a, the probate judge for Alcona
county shall serve as judge of this district within Alcona county.
(b) Pursuant to section 810a, the probate judge for Arenac
county shall serve as judge of this district within Arenac county.
(c) Pursuant to section 810b, the probate judge for Iosco
county shall serve as judge of this district within Iosco county.
(d) Pursuant to section 810a, the probate judge for Oscoda
county shall serve as judge of this district within Oscoda county.
(3) Subsection (2) does not take effect if the formation of
the fifteenth probate court district is approved by a majority of
the electors voting on the question in each of the affected
counties not later than September 1, 2011, pursuant to section 808.
Sec.
8152. (1) Except as provided in subsections (2) and (3),
the
eighty-seventh district consists of the counties of Crawford,
Kalkaska,
and Otsego, is a district of the first class, and has 1
judge.
(2)
If the condition in subsection (3) is met, all of the
following
apply effective January 2, 2009:
(a)
The eighty-seventh The
eighty-seventh-A district consists
of the county of Otsego, is a district of the first class, and,
except
as provided in subsection (2), has 1
judge. , and shall be
redesignated
as the eighty-seventh-A district.
(2) Pursuant to section 810b, the probate judge for Otsego
county shall serve as judge of the eighty-seventh-A district
beginning on the earlier of the following dates:
(a) The date on which a vacancy occurs in the office of
district judge in this district.
(b) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(3) (b)
The eighty-seventh-B district
consists of the county
of Kalkaska and is a district of the first class. Pursuant to
section 810a, the Kalkaska county probate judge shall serve as
judge of the eighty-seventh-B district.
(4) (c)
The eighty-seventh-C district
consists of the county
of Crawford and is a district of the first class. Pursuant to
section 810a, the Crawford county probate judge shall serve as
judge of the eighty-seventh-C district.
(3)
Subsection (2) does not take effect unless the county of
Otsego
by resolution adopted by the governing body of the district
funding
unit approves the reformation of the eighty-seventh
district
and its redesignation as the eighty-seventh-A district and
files
a copy of the resolution with the state court administrator.
Sec.
8160. (1) The ninety-fifth-a ninety-fifth-A
district
consists of the county of Menominee, is a district of the first
class and, except as provided in subsection (2), has 1 judge.
(2) Pursuant to section 810b, the probate judge for Menominee
county shall serve as judge of the ninety-fifth-A district,
beginning on the earlier of the following dates:
(a) The date on which a vacancy occurs in the office of
district judge in this district.
(b) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(3) (2)
The ninety-fifth-b ninety-fifth-B district consists of
the counties of Dickinson and Iron, is a district of the first
class and, except as provided in subsection (4), has 1 judge.
(4) Pursuant to section 810b, the probate judge for Dickinson
county shall serve as judge of the ninety-fifth-B district within
Dickinson county and the probate judge for Iron county shall serve
as the judge of the ninety-fifth-B district within Iron county,
beginning on the earlier of the following dates:
(a) The date on which a vacancy occurs in the office of
district judge in this district.
(b) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
Sec. 8161. (1) The ninety-sixth district consists of the
county of Marquette, is a district of the first class and, except
as provided in subsection (2), has 2 judges.
(2) This district shall have 1 judge beginning on the earlier
of the following dates:
(a) The date on which a vacancy occurs in the office of
district judge in this district.
(b) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
Sec. 8162. (1) The ninety-seventh district consists of the
counties of Houghton, Keweenaw and Baraga, is a district of the
first class and, except as provided in subsections (2) and (3), has
1 judge.
(2) Unless subsection (3) applies, the following provisions
apply to this district beginning on the date on which a vacancy
occurs in the office of district judge in this district, or
the beginning date of the term for which an incumbent district
judge in this district no longer seeks election or reelection to
that office, whichever is earlier:
(a) Pursuant to section 810b, the probate judge for Houghton
county shall serve as judge of this district within Houghton
county.
(b) Pursuant to section 810a, the probate judge for Baraga
county shall serve as judge of this district within Baraga county.
(c) Pursuant to section 810b, the probate judge for Keweenaw
county shall serve as judge of this district within Keweenaw
county.
(3) Subsection (2) does not take effect if the formation of
the first probate court district is approved by a majority of the
electors voting on the question in each of the affected counties
not later than September 1, 2011, pursuant to section 808.
Sec. 8163. (1) The ninety-eighth district consists of the
counties of Ontonagon and Gogebic, is a district of the first class
and, except as provided in subsections (2) and (3), has 1 judge.
(2) Unless subsection (3) applies, the following provisions
apply to this district beginning on 12 noon, January 1, 2015, or
the date on which a vacancy occurs in the office of district judge
in this district, whichever is earlier:
(a) Pursuant to section 810a, the probate judge for Ontonagon
county shall serve as judge of this district within Ontonagon
county.
(b) Pursuant to section 810b, the probate judge for Gogebic
county shall serve as judge of this district within Gogebic county.
(3) Subsection (2) does not take effect if the formation of
the second probate court district is approved by a majority of the
electors voting on the question in each of the affected counties
not later than September 1, 2011, pursuant to section 808.
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 in the amount of salary payable to a judge
under subsection (1) caused by an increase 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 1968 PA 357, MCL 15.211 to 15.218,
shall not be effective until February 1 of the year in which the
increase 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.
However, beginning October 1, 2013, if a district judge
participates in a plan of concurrent jurisdiction under chapter 4,
that district judge shall receive 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 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 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.
(6) (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.
(7) (8)
A 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 38.2608.
(8) (9)
The district court in a district
may hold evening and
Saturday sessions.