November 30, 2005, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 507, 508, 517, 518, 549a, 549g, 803, 8134, and
8135 (MCL 600.507, 600.508, 600.517, 600.518, 600.549a, 600.549g,
600.803, 600.8134, and 600.8135), section 507 as amended by 2001 PA
252, sections 508 and 8134 as amended by 2001 PA 253, sections 517
and 803 as amended by 2002 PA 715, section 518 as amended by 2001
PA 256, section 549g as added by 1981 PA 182, and section 8135 as
amended by 1982 PA 161.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 507. The sixth judicial circuit consists of the county of
Oakland and has
17 19 judges.
Subject to section 550, this
judicial
circuit may have 2 1
additional judges
judge effective
January 1,
2003 2007,
and 1 additional judge effective January 1,
2009.
Sec. 508. The seventh judicial circuit consists of the county
of
Genesee and has 7 9
judges. Subject to section 550, this
judicial
circuit may have 1 additional judge effective January 1,
2003
and 1 additional judge effective January 1, 2005 2007.
Sec. 517. The sixteenth judicial circuit consists of the
county of Macomb and has
9 12 judges.
Subject to section 550,
this
circuit may have 2 1
additional judges
judge effective
January 1,
2003, and 1 additional judge effective January 1, 2005
2007. If 2 new offices of judge are added to this circuit
by
election
in 2002, the candidate receiving the highest number of
votes
in the November 2002 general election shall be elected for a
term
of 8 years, and the candidate receiving the second highest
number
of votes shall be elected for a term of 6 years. If a new
office
of judge is added to this circuit by election in 2004, the
term
of office of that judgeship for that election only shall be 8
years.
Sec. 518. The seventeenth judicial circuit consists of the
county of Kent and has
7 9 judges.
Subject to section 550, this
judicial
circuit may have 2 1
additional judges
judge effective
January 1,
2003 2007.
Sec. 549a. The forty-ninth judicial circuit consists of the
counties of Mecosta and Osceola and has 1 judge. Subject to section
550, this judicial circuit may have 1 additional judge effective
January 1, 2007.
Sec.
549g. If the county of Isabella approves the reformation
of
the twenty-first judicial circuit pursuant to law and the
counties
of Clare and Gladwin approve the creation of the fifty-
fifth
judicial circuit pursuant to law, the The fifty-fifth
judicial circuit consists of the counties of Clare and Gladwin and
has
1 judge. effective January 1, 1982. Subject
to section 550,
this judicial circuit may have 1 additional judge effective January
1, 2007.
Sec. 803. (1) Except as otherwise provided in this section,
each county which is not part of a probate court district created
pursuant to sections 808 to 810 or previously created pursuant to
law shall
have at least has 1 judge of probate.
(2)
Each probate court district created pursuant to law shall
have
has 1 judge of probate.
(3) The counties of Berrien, Calhoun, Genesee, Ingham, Macomb,
Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw shall
each
have
has 2 judges of probate.
(4) Until 12 noon, January
1, 2005, the county
of Genesee
shall
have 3 judges of probate; however, if, after 12 noon, January
1,
2003, a vacancy occurs in the judgeship held by the incumbent
probate
judge in Genesee county whose term of office expires
January 1, 2005 and who would be ineligible to seek reelection to
that
office in 2004, that probate judgeship is eliminated effective
12
noon, January 1, 2005. Beginning 12 noon, January
1, 2005, the
county of Genesee shall have 2 judges of probate.
(5) Until 12 noon, January
1, 2005, the county
of Macomb shall
have
3 judges of probate; however, if the incumbent probate judge
in
Macomb county whose term of office as probate judge
expires on
January 1, 2005 is elected in 2002 to the office of circuit judge
in
the sixteenth judicial circuit for a term beginning January 1,
2003,
that probate judgeship is eliminated effective 12 noon,
January 1, 2005. Beginning 12 noon, January 1, 2005, the county of
Macomb shall have 2 judges of probate.
(4) (6)
The county of Kalamazoo shall
have has 3 judges of
probate.
(5) (7)
The county of Kent shall
have has 4 judges of
probate.
(6) (8)
The Until 12 noon,
January 1, 2009, the county
of
Oakland shall
have has 4 judges of probate. Beginning 12 noon,
January 1, 2009, the county of Oakland shall have 3 judges of
probate.
(7) (9)
The Until 12 noon,
January 1, 2007, the county
of
Wayne shall
have the following number of judges of probate:
(a)
Until subdivision (b) takes effect, the county of Wayne
shall
have 9 judges of probate.
(b)
The county of Wayne shall have has 8 judges of probate.
beginning
on the earliest of the following dates:
(i) Upon the occurrence of a vacancy in a judgeship
held by an
incumbent
probate judge in Wayne county whose term expires on
January 1, 2005, and who would be ineligible to seek reelection to
that
office in 2004.
(ii) Upon the expiration of the term of an incumbent
probate
judge
who is not eligible to seek reelection to that office.
Beginning 12 noon, January 1, 2007, the county of Wayne shall have
7 judges of probate.
(8) (10)
When 1 or more new judges of probate are authorized
in a county pursuant to this section, the new judgeship or
judgeships shall appear on the ballot separate and apart from other
judicial offices of the same court in the primary and general
election.
Sec. 8134. (1) The sixty-seventh district consists of the
county of Genesee except the city of Flint, is a district of the
second class, and is divided into the following election divisions:
(a) The first division consists of the cities of Flushing and
Clio and the townships of Flushing, Flint, Montrose, Thetford, and
Vienna and has 1 judge.
(b) The second division consists of the cities of Davison and
Burton and the townships of Davison, Forest, Richfield, and Atlas
and has 2 judges.
(c) The third division consists of the city of Mt. Morris and
the townships of Mt. Morris and Genesee and has 1 judge.
(d) The fourth division consists of the cities of Fenton,
Grand Blanc, and Swartz Creek and the townships of Fenton,
Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2
judges.
(2) Notwithstanding any other provision of this act, the
county board of commissioners may by resolution designate the
county seat as a place where the court for the sixty-seventh
district shall sit in a central court facility. The adoption of
such a resolution shall not require the approval of the majority of
the judges of the district, and shall bind the county to maintain a
court facility in each municipality in the sixty-seventh district
where a court facility exists on the date of the resolution.
(3) The sixty-eighth district consists of the city of Flint,
is a district of the third class, and has the following number of
judges:
(a)
Until subdivision (b) takes effect, this district has 6
5 judges.
(b)
This district has 5 4
judges beginning on the earlier of
the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in this district.
(ii) The beginning date of the term for which an incumbent
district judge in this district no longer seeks reelection to that
office.
Sec. 8135. The seventieth district consists of the county of
Saginaw, is a district of the first class, and is divided into the
following election divisions:
(a) The first division consists of the cities of Saginaw and
Zilwaukee and the townships of Zilwaukee, Buena Vista, Carrollton,
and
Bridgeport and has
3 the following number of judges:
.
(i) Until subparagraph (ii) takes effect, this election division
has 3 judges.
(ii) This election division has 2 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 election division.
(B) The beginning date of the term for which an incumbent
district judge in this election division no longer seeks reelection
to that office.
(b) The second division consists of the county of Saginaw
except the cities of Saginaw and Zilwaukee and the townships of
Zilwaukee, Buena Vista, Carrollton, and Bridgeport and has 3
judges.