HOUSE JOINT RESOLUTION F
March 3, 1999, Introduced by Reps. Richner, Law, Koetje, Patterson, O'Neil, Toy, Mortimer, Bishop, Vear and Cassis and referred to the Committee on Family and Civil Law. A joint resolution proposing an amendment to the state con- stitution of 1963, by amending sections 1, 11, 12, 13, 18, 19, 22, 23, 24, 27, and 30 of article VI; adding section 31 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. (1) The judicial power of the state is vested 3 exclusively in one court of justice which shall be divided into 4 one supreme court, one court of appeals, one trial court of 5 general jurisdiction known as the circuit court, one probate 00742'99 * DRM 2 1 court, and courts of limited jurisdiction that the legislature 2 may establish by a two-thirds vote of the members elected to and 3 serving in each house. THE PROBATE COURT AND EACH OFFICE OF PRO- 4 BATE JUDGE SHALL CONTINUE TO EXIST UNTIL ABOLISHED AS PROVIDED IN 5 SECTION 31. 6 (2) THE LEGISLATURE SHALL PROVIDE BY LAW THAT AT LEAST ONE 7 JUDGE WHOSE JURISDICTION INCLUDES FAMILY MATTERS AS PROVIDED BY 8 LAW SHALL BE ELECTED EXCLUSIVELY IN EACH COUNTY. FOR PURPOSES OF 9 THIS SUBSECTION, THE LEGISLATURE MAY CONSIDER THE COUNTIES OF 10 HOUGHTON AND KEWEENAW AS ONE COUNTY AND MAY CONSIDER COUNTIES 11 THAT ARE PART OF A PROBATE COURT DISTRICT ON THE DATE ON WHICH 12 THIS SUBSECTION BECOMES PART OF THE CONSTITUTION AS ONE COUNTY. 13 Sec. 11. The state shall be divided into judicial circuits 14 along county lines in each of which there shall be elected one or 15 more circuit judges as provided by law. Sessions of the circuit 16 court shall be held at least four times in each year in every 17 county organized for judicial purposes. Each circuit judge shall 18 hold court in the county or counties within the circuit in which 19 he is elected, and in other circuits as may be provided by rules 20 of the supreme court. A JUDICIAL CIRCUIT WHICH COMPRISES MORE 21 THAN ONE COUNTY MAY BE DIVIDED INTO ELECTION DIVISIONS ALONG 22 COUNTY LINES AS PROVIDED BY LAW. A CIRCUIT JUDGE ELECTED FROM AN 23 ELECTION DIVISION SHALL HAVE AUTHORITY TO PRESIDE WITHIN THE 24 ENTIRE JUDICIAL CIRCUIT. The number of judges may be changed and 25 circuits may be created, altered and discontinued AS PROVIDED by 26 law. and the number of judges shall be changed and circuits 27 shall be created, altered and discontinued on recommendation of 00742'99 * 3 1 the supreme court EVERY ODD NUMBERED YEAR, THE SUPREME COURT 2 SHALL MAKE A WRITTEN RECOMMENDATION TO THE LEGISLATURE AS TO 3 WHETHER THE NUMBER OF JUDGES SHOULD BE CHANGED AND CIRCUITS 4 SHOULD BE CREATED, ALTERED, OR DISCONTINUED, to reflect changes 5 in judicial activity. No change in the number of judges or 6 alteration or discontinuance of a circuit OR ELECTION DIVISION 7 shall have the effect of removing a judge from office during 8 his THE JUDGE'S term. 9 Sec. 12. Circuit judges shall be nominated and elected at 10 non-partisan elections in the circuit OR ELECTION DIVISION in 11 which they reside AS PROVIDED BY LAW, and shall hold office for a 12 term of six years and until their successors are elected and 13 qualified. In circuits OR ELECTION DIVISIONS having more than 14 one circuit judge their terms of office shall be arranged by law 15 to provide that not all terms will expire at the same time. THE 16 LENGTH OF THE INITIAL TERM OF A JUDGE MAY BE VARIED BY LAW TO 17 ALLOW FOR THE STAGGERING OF THE EXPIRATION OF JUDGES' TERMS 18 WITHIN A JUDICIAL CIRCUIT OR AN ELECTION DIVISION. 19 Sec. 13. The circuit court shall have original jurisdiction 20 in all matters not prohibited by law; appellate jurisdiction from 21 all inferior courts and tribunals except as otherwise provided by 22 law; power to issue, hear and determine prerogative and remedial 23 writs; AND supervisory and general control over inferior courts 24 and tribunals within their respective jurisdictions in accordance 25 with rules of the supreme court. ; and jurisdiction of other 26 cases and matters as provided by rules of the supreme court. 00742'99 * 4 1 Sec. 15. In each county organized for judicial purposes 2 there shall be a probate court. The legislature may create or 3 alter probate court districts of more than one county if approved 4 in each affected county by a majority of the electors voting on 5 the question. The legislature may provide for the combination of 6 the office of probate judge with any judicial office of limited 7 jurisdiction within a county with supplemental salary as provided 8 by law. The jurisdiction, powers and duties of the probate court 9 and of the judges thereof shall be provided by law. They shall 10 have original jurisdiction in all cases of juvenile delinquents 11 and dependents, except as otherwise provided by law. 12 Sec. 16. One or more judges of probate as provided by law 13 shall be nominated and elected at non-partisan elections in the 14 counties or the probate districts in which they reside and shall 15 hold office for terms of six years and until their successors are 16 elected and qualified. In counties or districts with more than 17 one judge the terms of office shall be arranged by law to provide 18 that not all terms will expire at the same time. 19 Sec. 18. Salaries of justices of the supreme court, of 20 the judges of the court of appeals SHALL BE UNIFORM, SALARIES of 21 the circuit judges within a circuit, and of the probate judges 22 within a county or district, shall be uniform, and SALARIES OF 23 JUDGES OF ANY COURT OF LIMITED JURISDICTION SHALL BE UNIFORM. 24 THE SALARIES OF ALL JUDGES SHALL BE DETERMINED AS PROVIDED BY 25 LAW. THE TOTAL SALARY OF A JUDGE may be increased but shall not 26 be decreased during a term of office except and only to the 27 extent of a general salary reduction in all other branches of 00742'99 * 5 1 government. A JUSTICE OR JUDGE OF A COURT OF RECORD WHO IS 2 ELECTED OR REELECTED AFTER THE DATE ON WHICH THE 1999 AMENDMENT 3 TO THIS SECTION BECOMES PART OF THE CONSTITUTION SHALL NOT ENGAGE 4 IN THE PRACTICE OF LAW DURING HIS OR HER TERM AS A JUSTICE OR 5 JUDGE. 6 Each of the judges of the circuit court shall receive an 7 annual salary as provided by law. In addition to the salary 8 received from the state, each circuit judge may receive from any 9 county in which he regularly holds court an additional salary as 10 determined from time to time by the board of supervisors of the 11 county. In any county where an additional salary is granted, it 12 shall be paid at the same rate to all circuit judges regularly 13 holding court therein. 14 Sec. 19. (1) The supreme court, the court of appeals, the 15 circuit court, the probate court and other courts designated as 16 such by the legislature shall be courts of record and each shall 17 have a common seal. Justices and judges of courts of record must 18 be persons who are licensed to practice law in this state. 19 (2) To be qualified to serve as a judge of a trial court, a 20 judge of the court of appeals, or a justice of the supreme court, 21 a person shall have been admitted to the practice of law for at 22 least 5 years. This subsection shall not apply to any judge or 23 justice appointed or elected to judicial office prior to the 24 date on which this subsection becomes part of the constitution 25 DECEMBER 21, 1996. 26 (3) No person shall be elected or appointed to a judicial 27 office after reaching the age of 70 years. 00742'99 * 6 1 Sec. 22. Any A judge of the court of appeals, circuit 2 court or probate court may become a candidate in the primary 3 election for the office of which he OR SHE is the incumbent by 4 filing an affidavit of candidacy in the form and manner pre- 5 scribed by law. 6 Sec. 23. (1) A vacancy shall occur in the office of JUSTICE 7 OR judge of any court of record or in the district court by 8 death, removal, resignation, or vacating of the office, and such 9 vacancy shall be filled by appointment by the governor. The 10 person appointed by the governor shall hold office until 12 noon 11 of the first day of January next succeeding the first general 12 election held after the vacancy occurs, at which election a suc- 13 cessor shall be elected for the remainder of the unexpired term. 14 Whenever a new office of judge in a court of record , or the 15 district court, is created by law, it shall be filled by elec- 16 tion as provided by law. THE DIVIDING OF A COURT OR THE MERGER 17 OR CONSOLIDATION OF TWO OR MORE COURTS WHICH DOES NOT RESULT IN A 18 CHANGE IN THE TOTAL NUMBER OF JUDGESHIPS IN THE COURT OR COURTS 19 DOES NOT CREATE A NEW OFFICE OF JUDGE OR A VACANCY FOR PURPOSES 20 OF THIS SECTION. 21 (2) The supreme court may authorize persons who have been 22 elected and served as judges to perform judicial duties for 23 limited periods or specific assignments. 24 Sec. 24. (1) There shall be printed upon the ballot under 25 the name of each incumbent justice or judge who is a candidate 26 for nomination or election to the same office the designation of 27 that office. 00742'99 * 7 1 (2) WHENEVER A JUDICIAL OFFICE IS ALTERED OR ABOLISHED BY 2 OPERATION OF LAW OR CONSTITUTIONAL AMENDMENT, THE LEGISLATURE MAY 3 PROVIDE THAT AN INCUMBENT JUDGE IN THAT OFFICE WHO BECOMES A CAN- 4 DIDATE FOR ANOTHER JUDICIAL OFFICE OF A TRIAL COURT WITHIN THE 5 COUNTY OR COUNTIES COMPRISING ALL OR PART OF THE JUDICIAL OFFICE 6 BEING ALTERED OR ABOLISHED, MAY HAVE PRINTED UPON THE BALLOT 7 UNDER HIS OR HER NAME THE NAME OF THE JUDICIAL OFFICE BEING 8 ALTERED OR ABOLISHED, UNLESS THE LAW ALTERING OR ABOLISHING THE 9 OFFICE PROVIDES FOR ANOTHER DESIGNATION. 10 Sec. 27. The supreme court, the court of appeals, the cir- 11 cuit court, or any justices or judges thereof, shall not exer- 12 cise any power of appointment to public office except as provided 13 in this constitution. JUDGES OF COURTS OF RECORD MAY EXERCISE 14 POWERS OF APPOINTMENT AS PROVIDED BY LAW. 15 Sec. 30. (1) A judicial tenure commission is established 16 consisting of nine persons selected for three-year terms as 17 follows: Four THREE members shall be judges elected by the 18 judges of the courts in which they serve; one shall be a court of 19 appeals judge, one a circuit judge, one a probate judge and one a 20 judge of a court of limited jurisdiction DESIGNATED PURSUANT TO 21 ADMINISTRATIVE ORDER OF THE SUPREME COURT. Three shall be mem- 22 bers of the state bar who shall be elected by the members of the 23 state bar, of whom one shall be a judge and two shall not be 24 judges. Two THREE shall be appointed by the governor; the mem- 25 bers appointed by the governor shall not be judges, retired 26 judges or members of the state bar. Terms shall be staggered as 00742'99 * 8 1 provided by rule of the supreme court. Vacancies shall be filled 2 by the appointing 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. (1) COURTS IN EXISTENCE ON THE DATE ON WHICH THIS 13 SECTION BECOMES A PART OF THE CONSTITUTION SHALL RETAIN THEIR 14 POWERS AND JURISDICTION, EXCEPT AS PROVIDED BY LAW, UNTIL THEY 15 ARE ABOLISHED BY LAW. THE PROBATE COURT MAY BE ABOLISHED OR 16 ALTERED ONLY AS PROVIDED IN SUBSECTIONS (2) AND (3). 17 (2) ON OR BEFORE JANUARY 1, 2002, THE JURISDICTION OF THE 18 PROBATE COURT IN EVERY COUNTY, OTHER THAN A COUNTY THAT HAS A 19 POPULATION OF LESS THAN 15,000 ACCORDING TO THE 1990 FEDERAL 20 DECENNIAL CENSUS AND THAT IS NOT PART OF A PROBATE COURT DIS- 21 TRICT, SHALL BE TRANSFERRED TO THE CIRCUIT COURT FOR THAT COUNTY 22 AND EACH PROBATE JUDGE FOR THAT COUNTY SHALL BECOME A CIRCUIT 23 JUDGE OF THE CIRCUIT FOR THE COUNTY IN WHICH THE JUDGE RESIDES, 24 FOR THE BALANCE OF THE TERM OF OFFICE TO WHICH HE OR SHE HAD BEEN 25 ELECTED OR APPOINTED AS A PROBATE JUDGE. 26 (3) THE OFFICE OF PROBATE JUDGE IN EACH COUNTY THAT HAS A 27 POPULATION OF LESS THAN 15,000 AND MORE THAN 5,000 ACCORDING TO 00742'99 * 9 1 THE 1990 FEDERAL DECENNIAL CENSUS AND THAT IS NOT PART OF A 2 PROBATE COURT DISTRICT SHALL CONTINUE TO EXIST UNTIL A VACANCY 3 OCCURS IN ANY TRIAL COURT JUDICIAL OFFICE THAT INCLUDES THAT 4 COUNTY AND IS REPLACED BY LAW BY A JUDGESHIP IN A COURT OF RECORD 5 TO BE FILLED EXCLUSIVELY BY THE VOTERS OF THAT COUNTY. 6 (4) WHEN A VACANCY OCCURS IN A TRIAL COURT JUDICIAL OFFICE 7 IN A COURT OF RECORD IN A COUNTY THAT IS PART OF A PROBATE COURT 8 DISTRICT ON THE DATE ON WHICH THIS SECTION BECOMES PART OF THE 9 CONSTITUTION AND THE VOTERS OF THAT COUNTY DO NOT EXCLUSIVELY 10 ELECT A JUDGE, THE JUDICIAL OFFICE IN WHICH THE VACANCY OCCURS 11 SHALL BE REPLACED BY LAW BY A JUDGESHIP TO BE FILLED EXCLUSIVELY 12 BY THE VOTERS OF THAT COUNTY. 13 (5) EACH PROBATE JUDGE WHO BECOMES A CIRCUIT JUDGE PURSUANT 14 TO THIS SECTION AND WHO RUNS FOR ELECTION AS A CIRCUIT JUDGE IS 15 ENTITLED TO FILE AS AN INCUMBENT CIRCUIT JUDGE PURSUANT TO SEC- 16 TION 24 OF THIS ARTICLE AND BE DESIGNATED ON THE BALLOT AS A CIR- 17 CUIT JUDGE. 18 (6) FOR PURPOSES OF THIS SECTION, A VACANCY IN A JUDICIAL 19 OFFICE SHALL BE DEEMED TO HAVE OCCURRED WHEN A JUDGE DIES, 20 RESIGNS, RETIRES, OR IS REMOVED FROM OFFICE OR AS OTHERWISE PRO- 21 VIDED BY LAW. 22 Resolved further, That the foregoing amendment shall be sub- 23 mitted to the people of the state at the presidential primary 24 election held on March 21, 2000 in the manner provided by law. 00742'99 * Final page. 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