House Introduced Bill HJRI

HOUSE JOINT RESOLUTION I


     January 30, 1997, Introduced by Rep. Nye and referred to the Committee on Judiciary.


        A joint resolution proposing an amendment to the state con-

   stitution of 1963, by amending sections 1, 4, 7, 11, 12, 13, 18,

   22, 23, 26, 27, 29, and 30 of article VI, adding sections 31 and

   32 to article VI, and repealing sections 15 and 16 of article VI,

   to provide for the reorganization of the judicial branch.

        Resolved by the Senate and House of Representatives of the

   state of Michigan, That the following amendment to the state con-

   stitution of 1963, to provide for the reorganization of the judi-

   cial branch, is proposed, agreed to, and submitted to the people

   of the state:

 1                                ARTICLE VI

 2         Sec. 1.  The judicial power of the state is vested exclu-

 3    sively in one court of justice which shall be divided into one

 4    supreme court, one court of appeals, AND  one  trial  court of

 5     general  COURTS WITH SUCH jurisdiction AS PROVIDED BY LAW.  known


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 1    as the circuit court, one probate court, and courts of limited

 2     jurisdiction that the legislature may establish by a two-thirds

 3     vote of the members elected to and serving in each house. 

 4         Sec. 4.  The supreme court shall have general superintending

 5    control over all courts; power to issue, hear and determine pre-

 6    rogative and remedial writs; and appellate jurisdiction as pro-

 7    vided by rules of the supreme court.  The supreme court shall not

 8    have the power to remove a judge, EXCEPT AS PROVIDED IN SECTION

 9    30 OF THIS ARTICLE.

10         Sec. 7.  The supreme court may appoint, may remove, and

11    shall have general supervision of its staff.  It  SUBJECT TO

12    SECTION 32 OF THIS ARTICLE, IT shall have control of the prepara-

13    tion of its budget recommendations and the expenditure of moneys

14    appropriated for any purpose pertaining to the operation of the

15    SUPREME court or the performance of activities of its staff

16    except that the salaries of the justices shall be  established by

17     law  DETERMINED BY THE STATE OFFICERS COMPENSATION COMMISSION AS

18    PROVIDED IN SECTION 12 OF ARTICLE IV.  All fees and perquisites

19    collected by the court staff shall be turned over to the state

20    treasury and credited to the general fund.

21         Sec. 11.  The state shall be divided into judicial

22     circuits  UNITS along county lines  in each of which there shall

23     be elected one or more circuit judges  as provided by law.

24     Sessions of the circuit court shall be held at least four times

25     in each year in every county organized for judicial purposes.

26     Each circuit judge shall hold court in the county or counties

27     within the circuit in which he is elected, and in other circuits



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 1    as may be provided by rules of the supreme court.  The number of

 2    judges may be changed BY LAW and  circuits  UNITS may be created,

 3    altered and discontinued by law.  and the number of judges shall

 4     be changed and circuits shall be created, altered and discontin-

 5     ued on recommendation of the supreme court to reflect changes in

 6     judicial activity.  EACH UNIT MAY BE DIVIDED INTO SUBJECT MATTER

 7    JURISDICTIONS AND ELECTION DISTRICTS AS PROVIDED BY LAW, AND

 8    JUDGES MAY BE TRANSFERRED OR ASSIGNED WITHIN A UNIT TO SUBJECT

 9    MATTER JURISDICTIONS AND ELECTION DISTRICTS AS PROVIDED BY LAW.

10    EACH UNIT SHALL HAVE ONE OR MORE JUDGES AS PROVIDED BY LAW,

11    EXCEPT THAT EACH COUNTY HAVING A POPULATION OF 10,000 OR MORE

12    SHALL HAVE AT LEAST ONE JUDGE ELECTED EXCLUSIVELY BY THAT COUNTY.

13    No change in the number of judges or alteration or discontinuance

14    of a  circuit  JUDGESHIP shall have the effect of removing a

15    judge from office during  his  THAT JUDGE'S term.

16         Sec. 12.  Circuit  TRIAL COURT judges shall be nominated

17    and elected AS PROVIDED BY LAW at non-partisan elections in the

18     circuit  ELECTION DISTRICT in which they reside, and shall hold

19    office for a term of six years and until their successors are

20    elected and qualified.  In  circuits  UNITS having more than one

21     circuit  judge their terms of office shall be arranged by law to

22    provide that not all terms will expire at the same time.  THE

23    LENGTH OF THE INITIAL TERM OF A JUDGE MAY BE VARIED BY LAW TO

24    ALLOW FOR THE STAGGERING OF THE EXPIRATION OF JUDGES' TERMS

25    WITHIN A UNIT.

26         Sec. 13.  The  circuit court  TRIAL COURTS shall have

27    original jurisdiction  in all matters not prohibited  AS PROVIDED



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 1    by law; appellate jurisdiction from all inferior courts and

 2    tribunals except as otherwise provided by law; power to issue,

 3    hear and determine prerogative and remedial writs; supervisory

 4    and general control over inferior courts and tribunals within

 5    their respective jurisdictions in accordance with rules of the

 6    supreme court; and jurisdiction of other cases and matters as

 7    provided by  rules of the supreme court  LAW.

 8          Sec. 15.  In each county organized for judicial purposes

 9     there shall be a probate court.  The legislature may create or

10     alter probate court districts of more than one county if approved

11     in each affected county by a majority of the electors voting on

12     the question.  The legislature may provide for the combination of

13     the office of probate judge with any judicial office of limited

14     jurisdiction within a county with supplemental salary as provided

15     by law.  The jurisdiction, powers and duties of the probate court

16     and of the judges thereof shall be provided by law.  They shall

17     have original jurisdiction in all cases of juvenile delinquents

18     and dependents, except as otherwise provided by law. 

19          Sec. 16.  One or more judges of probate as provided by law

20     shall be nominated and elected at non-partisan elections in the

21     counties or the probate districts in which they reside and shall

22     hold office for terms of six years and until their successors are

23     elected and qualified.  In counties or districts with more than

24     one judge the terms of office shall be arranged by law to provide

25     that not all terms will expire at the same time. 

26         Sec. 18.  Salaries  of justices of the supreme court,  of

27    the judges of the court of appeals  ,  SHALL BE UNIFORM AND SHALL



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 1    BE DETERMINED AS PROVIDED BY LAW.  SALARIES of the  circuit 

 2    TRIAL COURT judges  within a circuit, and of the probate judges

 3     within a county or district,  shall be  uniform, and  DETERMINED

 4    AS PROVIDED BY LAW.  EFFECTIVE JANUARY 1, 1998, JUDGES' SALARIES

 5    SHALL BE PAID BY THE STATE, AND JUDGES SHALL NOT RECEIVE SUPPLE-

 6    MENTAL SALARIES FROM LOCAL UNITS OF GOVERNMENT.  THE ELIMINATION

 7    OF LOCAL SUPPLEMENTAL SALARIES SHALL NOT CAUSE A REDUCTION IN THE

 8    TOTAL AMOUNT OF A JUDGE'S SALARY.  A JUDGE'S SALARY may be

 9    increased but shall not be decreased during a term of office

10    except and only to the extent of a general salary reduction in

11    all other branches of government.  EFFECTIVE JANUARY 1, 2003, THE

12    SALARIES OF THE TRIAL COURT JUDGES OF COURTS OF RECORD SHALL BE

13    UNIFORM.

14          Each of the judges of the circuit court shall receive an

15     annual salary as provided by law.  In addition to the salary

16     received from the state, each circuit judge may receive from any

17     county in which he regularly holds court an additional salary as

18     determined from time to time by the board of supervisors of the

19     county.  In any county where an additional salary is granted, it

20     shall be paid at the same rate to all circuit judges regularly

21     holding court therein. 

22         Sec. 22.  Any judge of the court of appeals  , circuit

23     court  or  probate court  ANY TRIAL COURT JUDGE may become a can-

24    didate in the primary election for the office of which he OR SHE

25    is the incumbent by filing an affidavit of candidacy in the form

26    and manner prescribed by law.





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 1         Sec. 23.  A vacancy shall occur in the office of JUSTICE OR

 2    judge  of any court of record or in the district court  by death,

 3    removal, resignation or vacating of the office, and such vacancy

 4    shall be filled by appointment by the governor.  The person

 5    appointed by the governor shall hold office until 12 noon of the

 6    first day of January next succeeding the first general election

 7    held after the vacancy occurs, at which election a successor

 8    shall be elected for the remainder of the unexpired term.

 9    Whenever a new office of judge  in a court of record, or the dis-

10     trict court,  is created by law, it shall be filled by election

11    as provided by law.  The supreme court may authorize persons who

12    have been elected and served as judges to perform judicial duties

13    for limited periods or specific assignments.

14         Sec. 26.  The offices of circuit court commissioner and jus-

15    tice of the peace are abolished.  at the expiration of five years

16     from the date this constitution becomes effective or may within

17     this period be abolished by law.  Their jurisdiction, compensa-

18     tion and powers within this period shall be as provided by law.

19     Within this five-year period, 

20         BY A TWO-THIRDS VOTE OF THE MEMBERS ELECTED TO AND SERVING

21    IN EACH HOUSE, the legislature  shall  MAY establish a court or

22    courts of limited jurisdiction with powers and jurisdiction

23    defined by law.  The location of such court or courts, and the

24    qualifications, tenure, method of election and  salary 

25    COMPENSATION of the judges of such court or courts, and by what

26    governmental units the judges shall be paid, shall be provided by

27    law, subject to the limitations contained in this article.



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 1         Statutory courts in existence at the time this constitution

 2    becomes effective shall retain their powers and jurisdiction,

 3    except as provided by law, until they are abolished by law.

 4         THE CIRCUIT COURT, THE PROBATE COURT, AND ANY COURT OF

 5    LIMITED JURISDICTION CREATED AFTER 1963, SHALL RETAIN THEIR

 6    POWERS AND JURISDICTION, EXCEPT AS PROVIDED BY LAW, UNTIL THEY

 7    ARE ABOLISHED BY LAW.

 8         Sec. 27.  The supreme court, the court of appeals,  the cir-

 9     cuit court,  or any justices or judges thereof, shall not exer-

10    cise any power of appointment to public office except as provided

11    in this constitution.

12         Sec. 29.  Justices of the supreme court, judges of the court

13    of appeals,  circuit judges  and  other  TRIAL COURT judges as

14    provided by law shall be conservators of the peace within their

15    respective jurisdictions.

16         Sec. 30.  (1) A judicial tenure commission is established

17    consisting of nine persons selected for three-year terms as

18    follows:  Four members shall be judges elected by the judges of

19    the courts in which they serve; OF WHOM one shall be a court of

20    appeals judge  , one a circuit judge, one a probate judge  and

21     one a judge of a court of limited jurisdiction  THREE SHALL BE

22    TRIAL COURT JUDGES.  Three  TWO shall be members of the state bar

23    who shall be elected by the members of the state bar of whom

24     one  NONE shall be a judge.  and two shall not be judges.  Two 

25    THREE shall be appointed by the governor; the members appointed

26    by the governor shall not be judges, retired judges or members of

27    the state bar.  Terms shall be staggered as provided by rule of



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 1    the supreme court.  Vacancies shall be filled by the appointing

 2    power.

 3         (2) On recommendation of the judicial tenure commission, the

 4    supreme court may censure, suspend with or without salary, retire

 5    or remove a judge for conviction of a felony, physical or mental

 6    disability which prevents the performance of judicial duties,

 7    misconduct in office, persistent failure to perform his OR HER

 8    duties, habitual intemperance or conduct that is clearly preju-

 9    dicial to the administration of justice.  The supreme court shall

10    make rules implementing this section and providing for confiden-

11    tiality and privilege of proceedings.

12         SEC. 31.  THE SUPREME COURT, WHEN MEETING TO DECIDE ADMINIS-

13    TRATIVE, BUDGETARY, OR FINANCIAL MATTERS OR COURT RULES, SHALL BE

14    OPEN TO THE PUBLIC AS PROVIDED BY LAW.  THE RECORDS OF ALL COURTS

15    SHALL BE OPEN TO THE PUBLIC AS PROVIDED BY LAW.

16         SEC. 32.  COURTS SHALL BE FUNDED IN THE MANNER PROVIDED BY

17    LAW.

18         COURTS SHALL ONLY SET FEES OR RAISE REVENUE AS PROVIDED BY

19    LAW.

20         TO ENSURE PUBLIC ACCOUNTABILITY, COURTS SHALL BE SUBJECT TO

21    GENERALLY ACCEPTED BUDGETING AND ACCOUNTING PRINCIPLES AS PRO-

22    VIDED BY LAW.

23         THE EMPLOYER OF PUBLIC OFFICERS AND EMPLOYEES SERVING IN A

24    COURT SHALL BE DETERMINED AS PROVIDED BY LAW.

25         EXCEPT AS PROVIDED IN SECTION 7 OF THIS ARTICLE WITH REGARD

26    TO THE STAFF OF THE SUPREME COURT, THE COMPENSATION AND PERSONNEL





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 1    POLICIES OF PUBLIC OFFICERS AND EMPLOYEES SERVING IN ANY COURT

 2    SHALL BE DETERMINED AS PROVIDED BY LAW.

 3         Resolved further, That the foregoing amendment shall be sub-

 4    mitted to the people of the state at the next general election in

 5    the manner provided by law.














































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