CRAWFORD CO.: PROB. & DIST. COURTS - H.B. 5674: FLOOR ANALYSIS
House Bill 5674 (as reported without amendment)
Sponsor: Representative Ken Bradstreet
House Committee: Civil Law and the Judiciary
Senate Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act (RJA) to allow Crawford County to combine the jurisdiction of the district court with the jurisdiction of the probate court in that county. The combination could not take effect unless the county board of commissioners adopted a resolution approving it and each district control unit in the judicial district filed a resolution of approval. In addition, the combination could not take effect unless each district control unit agreed by resolution to assume any local obligations that arose due to the combination of jurisdictions and the reformation of the judicial district. Resolutions of approval would have to be filed with the State Court Administrator by December 1, 2002.
Currently, the 83rd District consists of Roscommon and Crawford Counties and has one judge. If Crawford County combined probate and district court jurisdictions, effective on January 1, 2003, the 83rd District would consist of Roscommon County and have one judge. In Crawford County, the probate court would exercise the jurisdiction and powers of the district court, the probate judge would have the power and authority of a district judge with respect to district court matters, and the provisions of statute and court rule concerning district court would apply to the probate court with respect to district court matters.
The bill specifies that a probate judge in a county that had combined jurisdiction could not engage in the practice of law other than as a judge and would receive an annual salary as outlined in the RJA for a full-time probate judge. The RJA provides for the annual salary of a part-time probate judge in a county meeting certain criteria. Under the bill, that provision would not apply in a county that combined the jurisdiction of the district court with the jurisdiction of the probate court.
MCL 600.512 et al. - Legislative Analyst: Patrick Affholter
FISCAL IMPACT
Based on the current salary of a probate judge, the State would incur additional salary costs, due to the conversion of part-time probate judges to full time, of approximately $114,169. Costs to Crawford County would include any local benefits provided to judges and support staff costs.
Date Completed: 3-7-02 - Fiscal Analyst: Bill BowermanFloor\hb5674 - Bill Analysis @ http://www.senate.state.mi.us/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.