June 8, 2016, Introduced by Rep. Nesbitt and referred to the Committee on Elections.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 550, 550a, 805, 8175, and 8176 (MCL 600.550,
600.550a, 600.805, 600.8175, and 600.8176), section 550 as amended
by 2009 PA 228, section 550a as amended by 2012 PA 36, section 805
as amended by 2011 PA 300, section 8175 as amended by 1990 PA 54,
and section 8176 as amended by 2002 PA 92.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 550. (1) An additional circuit judgeship permitted by
this chapter shall not be authorized to be filled by election
unless each county in the circuit, by resolution adopted by the
county board of commissioners, approves the creation of that
judgeship and unless the clerk of each county adopting such a
resolution files a copy of the resolution with the state court
administrator not later than 4 p.m. of the sixteenth Tuesday
preceding
before the August June primary for the
election to fill
the additional circuit judgeship. The state court administrator
shall immediately notify the elections division of the department
of state with respect to each new circuit judgeship authorized
pursuant to this subsection. If a circuit judgeship is permitted by
law to be authorized without a resolution being adopted by the
county board of commissioners, the state court administrator shall
immediately notify the elections division of the department of
state with respect to each new circuit judgeship authorized.
(2) A resolution required under subsection (1) that is filed
before the effective date of the amendatory act that authorized
that judgeship is a valid approval of the judgeship for purposes of
this section only if the filing occurs within the 2-year state
legislative session during which the amendatory act was enacted. A
resolution required under subsection (1) that is filed after the
effective date of the amendatory act that added that judgeship is a
valid approval of the judgeship for purposes of this section only
if the filing occurs not later than 4 p.m. of the sixteenth Tuesday
preceding
before the August June primary for the
election
immediately preceding the effective date of the additional
judgeship.
(3) By permitting an additional judgeship, or by restoring a
judgeship after a temporary reduction in judgeships as described in
subsection (5), the legislature is not creating that judgeship. If
a county, acting through its board of commissioners, approves the
creation of an additional circuit judgeship, that approval
constitutes an exercise of the county's option to provide a new
activity or service or to increase the level of activity or service
offered in the county beyond that required by existing law, as the
elements of that option are defined by 1979 PA 101, MCL 21.231 to
21.244, and a voluntary acceptance by the county of all expenses
and
capital improvements which that
may result from the creation of
the judgeship. However, the exercise of the option does not affect
the state's obligation to pay the same portion of the additional
judge's
salary which that is paid by the state to the other judges
of the same circuit, or to appropriate and disburse funds to the
county for the necessary costs of state requirements established by
a
state law which that becomes effective on or after December 23,
1978.
(4) Each additional circuit judgeship created pursuant to
subsection (1) shall be filled by election pursuant to the Michigan
election law, 1954 PA 116, MCL 168.1 to 168.992. The first term of
each additional circuit judgeship shall be 6 years, unless the law
permitting the additional judgeship provides for a term of a
different length.
(5) If, by law, the number of judgeships in a judicial circuit
is temporarily reduced for a period of not more than 6 years and
then restored to the number of judgeships that existed before the
temporary reduction, the restored judgeship or judgeships are not
considered additional circuit judgeships for purposes of this
section, and a resolution of approval under subsection (1) is not
required.
(6) A temporary reduction in the number of circuit judgeships
in a judicial circuit shall not take effect unless both of the
following occur:
(a) Each county in the circuit, by resolution adopted by the
county board of commissioners, supports the temporary reduction in
the number of judgeships.
(b) The clerk of each county adopting the resolution files a
copy of the resolution with the state court administrator not later
than
4 p.m. of the sixteenth Tuesday preceding before the date on
which
the August June primary would have been held for the
judgeship that is being eliminated. A resolution required under
subdivision
(a) that is filed before the effective date of the
amendatory
act that added this subsection January
5, 2010 is valid
if the filing occurs within the 2-year state legislative session
during which the amendatory act was enacted.
(7) The state court administrator shall immediately notify the
elections division of the department of state with respect to
either of the following:
(a) A temporary reduction in the number of judgeships in a
judicial circuit.
(b) The restoration of the number of judgeships in a judicial
circuit, after a temporary reduction in that number.
Sec. 550a. (1) If a new judicial circuit is proposed by law,
that new circuit shall not be created and any circuit judgeship
proposed for the circuit shall not be authorized or filled by
election unless each county in the proposed circuit, by resolution
adopted by the county board of commissioners, approves the creation
of the new circuit and each judgeship proposed for the circuit and
unless the clerk of each county adopting that resolution files a
copy of the resolution with the state court administrator not later
than
4 p.m. of the sixteenth Tuesday preceding before the August
June primary immediately following the effective date of the
amendatory act permitting the creation of the new circuit. The
state court administrator shall immediately notify the elections
division of the department of state with respect to each new
judicial circuit and circuit judgeship authorized under this
subsection.
(2) By proposing a new judicial circuit and 1 or more circuit
judgeships for the circuit, the legislature is not creating that
circuit or any judgeship in the circuit. If a county, acting
through its board of commissioners, approves the creation of a new
circuit and 1 or more circuit judgeships proposed by law for that
circuit, that approval constitutes an exercise of the county's
option to provide a new activity or service or to increase the
level of activity or service offered in the county beyond that
required by existing law, as the elements of that option are
defined by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary
acceptance by the county of all expenses and capital improvements
that may result from the creation of the new circuit and each
judgeship. However, the exercise of the option does not affect the
state's obligation to pay a portion of the circuit judge's or
judges' salary as provided by law, or to appropriate and disburse
funds to the county for the necessary costs of state requirements
established by a state law that takes effect on or after December
23, 1978.
(3) Each circuit judgeship created under subsection (1) shall
be filled by election under the Michigan election law, 1954 PA 116,
MCL 168.1 to 168.992. The first term of each circuit judgeship is 6
years, unless the law permitting the creation of the new circuit
and 1 or more judgeships provides for a term of a different length.
(4) The reformation of the eleventh, twenty-third, twenty-
sixth, thirty-fourth, fiftieth, and fifty-third judicial circuits
under 2002 PA 92 does not require a resolution of approval by the
county board of commissioners under this section or section 550.
Sec. 805. (1) The additional judges of probate permitted by
section 803 shall not be filled by election unless the county, by
resolution adopted by the county board of commissioners, approves
the creation of that judgeship and unless the clerk of that county
files a copy of the resolution with the state court administrator
not
later than 4 p.m. of the thirteenth Tuesday preceding before
the
August June primary for the election to fill the additional
judge of probate. The state court administrator shall immediately
notify the county clerk with respect to any new judge of probate
authorized for that county under this subsection.
(2) By permitting an additional judgeship, the legislature is
not creating that judgeship. If a county, acting through its board
of commissioners, approves the creation of an additional judge of
probate, that approval constitutes an exercise of the county's
option to provide a new activity or service or to increase the
level of activity or service offered in the county beyond that
required by existing law, as the elements of that option are
defined by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary
acceptance by the county of all expenses and capital improvements
that may result from the creation of the judgeship. However, the
exercise of the option does not affect the state's obligation to
pay the same portion of the additional judge's salary that is paid
by the state to the other judges of probate of the same county, or
to appropriate and disburse funds to the county for the necessary
costs of state requirements established by a state law that takes
effect on or after December 23, 1978.
(3) Each additional judgeship created under subsection (1)
shall be filled by election under the Michigan election law, 1954
PA 116, MCL 168.1 to 168.992. The first term of each additional
judgeship shall be 6 years unless the law permitting the additional
judgeship provides for a term of a different length.
(4) A combination of the office of probate judge with a
judicial office of limited jurisdiction within a county under
section 15 of article VI of the state constitution of 1963 that
does not result in an increase in the total number of trial
judgeships in the county does not require a resolution of approval
by the county board of commissioners under this section.
Sec. 8175. (1) The additional district judgeships permitted by
this chapter shall not be authorized to be filled by election
unless each district control unit of the district, by resolution
adopted by the governing body of the district control unit,
approves the creation of that judgeship and unless the clerk of
each district control unit adopting such a resolution files a copy
of the resolution with the state court administrator not later than
4
p.m. of the sixteenth Tuesday preceding before the August June
primary for the election to fill the additional district judgeship.
The state court administrator shall immediately notify the
elections division of the department of state with respect to each
new district judgeship authorized pursuant to this subsection.
(2) A resolution required under subsection (1) that is filed
before the effective date of the amendatory act that authorized
that judgeship is a valid approval of the judgeship for purposes of
this section only if the filing occurs within the 2-year state
legislative session during which the amendatory act was enacted. A
resolution required under subsection (1) that is filed after the
effective date of the amendatory act that added that judgeship is a
valid approval of the judgeship for purposes of this section only
if the filing occurs not later than 4 p.m. of the sixteenth Tuesday
preceding
before the August June primary for the election
immediately
preceding before the effective date of the additional
judgeship.
(3) By permitting an additional judgeship, the legislature is
not creating that judgeship. If a district control unit, acting
through its governing body, approves the creation of an additional
district judgeship, that approval constitutes an exercise of the
district control unit's option to provide a new activity or service
or to increase the level of activity or service offered in the
district control unit beyond that required by existing law, as the
elements
of that option are defined by Act No. 101 of the Public
Acts
of 1979, being sections 21.231 to 21.244 of the Michigan
Compiled
Laws, 1979 PA 101, MCL 21.231
to 21.244, and a voluntary
acceptance by the district control unit of all expenses and capital
improvements
which that may result from the creation of the
judgeship. However, the exercise of the option does not affect the
state's obligation to pay the same portion of the additional
judge's
salary which that is paid by the state to the other
district judges in the same district, or to appropriate and
disburse funds to the district control unit for the necessary costs
of
state requirements established by a state law which that becomes
effective on or after December 23, 1978.
(4) Each additional district judgeship created pursuant to
subsection (1) shall be filled by election pursuant to the Michigan
election
law, Act No. 116 of the Public Acts of 1954, as amended,
being
sections 168.1 to 168.992 of the Michigan Compiled Laws. 1954
PA 116, MCL 168.1 to 168.992. The first term of each additional
district judgeship shall be 6 years, unless the law permitting the
additional judgeship provides for a term of a different length.
Sec. 8176. (1) If a new district is proposed by law, that new
district shall not be created and any district judgeship proposed
for the district shall not be authorized or filled by election
unless each district control unit in the proposed district, by
resolution adopted by the governing body of the district control
unit, approves the creation of the new district and each judgeship
proposed for the district and unless the clerk of each district
control unit adopting that resolution files a copy of the
resolution with the state court administrator not later than 4 p.m.
of
the sixteenth Tuesday preceding before
the August June primary
for
the election immediately preceding before the effective date of
the new district. The state court administrator shall immediately
notify the elections division of the department of state with
respect to each new judicial district and district judgeship
authorized pursuant to this subsection.
(2) A resolution required under subsection (1) that is filed
before the effective date of the amendatory act that authorized
that new district is a valid approval for purposes of this section
only if the filing occurs within the 2-year state legislative
session during which the amendatory act was enacted. A resolution
required under subsection (1) that is filed after the effective
date of the amendatory act that authorized that new district is a
valid approval for purposes of this section only if the filing
occurs
not later than 4 p.m. of the sixteenth Tuesday preceding
before
the August June primary
for the election immediately
preceding
before the effective date of the new district.
(3) By proposing a new district and 1 or more district
judgeships for the district, the legislature is not creating that
district or any judgeship in the district. If a district control
unit, acting through its governing body, approves the creation of a
new district and 1 or more district judgeships proposed by law for
that district, that approval constitutes an exercise of the
district control unit's option to provide a new activity or service
or to increase the level of activity or service offered in the
district control unit beyond that required by existing law, as the
elements of that option are defined by 1979 PA 101, MCL 21.231 to
21.244, and a voluntary acceptance by the district control unit of
all
expenses and capital improvements which that may result from
the creation of the new district and each judgeship. However, the
exercise of the option does not affect the state's obligation to
pay
the same portion of each judge's salary which 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
which
that becomes effective on or after December 23, 1978.
(4) Each district judgeship created pursuant to subsection (1)
shall be filled by election pursuant to the Michigan election law,
1954 PA 116, MCL 168.1 to 168.992. The first term of each district
judgeship shall be 6 years, unless the law permitting the creation
of the new district and 1 or more judgeships provides for a term of
a different length.
(5) The reformation of the seventy-eighth, seventy-ninth,
eighty-first, eighty-second, eighty-third, and eighty-seventh
judicial
districts pursuant to the 2002 amendatory act that added
this
subsection 2002 PA 92 does not require the approval of the
district control unit under this section or section 8175.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5744 (request no.
05606'16) of the 98th Legislature is enacted into law.