February 19, 2008, Introduced by Rep. Jackson and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 504 (MCL 600.504), as amended by 2002 PA 715,
and by adding chapter 10B.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 504. (1) The third judicial circuit consists of the
county of Wayne and has the following number of judges:
(a)
Until 12 noon, January 1 ,
2003 of the first odd-numbered
year following the date of the approval resolution required under
section
1097, 64 61 judges.
(b)
Beginning 12 noon, January 1 ,
2003 of the first odd-
numbered year following the date of the approval resolution
required
under section 1097, 63 51 judges. ;
however, if, after 12
noon, January
1, 2003, a vacancy occurs in a
judgeship held by an
incumbent
judge of this circuit who would be ineligible to seek
reelection
to that office in 2004, that judgeship is eliminated
unless
the total number of judgeships in this circuit has been
reduced
to 61 before that vacancy occurred.
(c)
Beginning 12 noon, January 1 ,
2005 of the third odd-
numbered year following the date of the approval resolution
required
under section 1097, 61 41 judges.
(d) Beginning 12 noon, January 1 of the fifth odd-numbered
year following the date of the approval resolution required under
section 1097, 32 judges.
CHAPTER 10B
DETROIT RECORDER'S COURT
Sec. 1090. The Detroit recorder's court is created and is a
court of record.
Sec. 1091. (1) The Detroit recorder's court has 29 judges, who
shall be nominated and elected at nonpartisan elections and shall
reside in the city of Detroit. Except as provided in subsection
(2), each judge of the Detroit recorder's court shall hold office
for a term of 6 years and until his or her successor is elected and
qualified.
(2) Of the 29 judges initially elected to the Detroit
recorder's court at the first November general election at which
those judges are eligible to be elected for terms beginning the
following January 1 and for that election only, the following
special provisions apply:
(a) The 9 candidates beginning with the candidate receiving
the highest number of votes through the candidate receiving the
ninth highest number of votes shall be elected to terms of 10 years
each.
(b) The 9 candidates beginning with the candidate receiving
the tenth highest number of votes through the candidate receiving
the nineteenth highest number of votes shall be elected to terms of
8 years each.
(c) The 9 candidates beginning with the candidate receiving
the twentieth highest number of votes through the candidate
receiving the lowest number of votes shall be elected to terms of 6
years each.
Sec. 1092. (1) The Detroit recorder's court has exclusive
jurisdiction over criminal violations occurring in the city of
Detroit punishable by imprisonment for more than 1 year.
(2) Effective January 1 of the year immediately following the
initial election of judges to Detroit recorder's court under this
chapter, any reference in the laws of this state to the circuit
court that would have been construed to refer to the third judicial
circuit of the circuit court shall be construed to refer to the
Detroit recorder's court if the reference involves a criminal
matter that is within the jurisdiction of the Detroit recorder's
court under subsection (1).
Sec. 1093. Effective January 1 of the year immediately
following the initial election of judges to Detroit recorder's
court under this chapter, all files, records, and pending cases of
the third judicial circuit of the circuit court that are within the
jurisdiction of the Detroit recorder's court under section 1092
shall be transferred to the Detroit recorder's court in accordance
with rules prescribed by the supreme court, and the Detroit
recorder's court shall exercise all powers in regard to those
files, records, and cases as provided by rules of the supreme
court. The Detroit recorder's court shall have jurisdiction to hear
and determine all cases transferred under this section and shall
exercise all authority with regard to those cases as though the
cases had been commenced in that court. All orders and judgments of
the Detroit Recorder's court shall be appealable in like manner and
to the same courts as applicable before that date.
Sec. 1094. Except as otherwise provided by law, the chief
judge of the Detroit recorder's court shall appoint, supervise,
discipline, or dismiss the employees of that court in accordance
with applicable personnel policies and procedures and any
applicable collective bargaining agreement. Those employees shall
be employees of the city of Detroit, and compensation of the
employees serving in the Detroit recorder's court shall be paid by
the city of Detroit.
Sec. 1095. (1) Subject to subsection (3), each judge of the
Detroit recorder's court shall receive an annual salary payable by
the state as provided in this section and may receive from the city
of Detroit an additional salary as determined from time to time by
the city council of the city of Detroit. If an additional salary is
granted, it shall be paid at the same rate to all Detroit
recorder's court judges.
(2) Each circuit judge shall receive an annual salary
determined as follows:
(a) An annual salary payable by the state that is the
difference between 85% of the salary of a justice of the supreme
court and $45,724.00.
(b) An additional salary payable by the city of Detroit. The
state shall reimburse to the city of Detroit $45,724.00, if the
total additional salary, including any cost-of-living allowance,
payable by the city to a judge is not less than or more than
$45,724.00. If the city pays a circuit judge less than or more than
$45,724.00, the city is not entitled to reimbursement from the
state under this subsection.
(3) An increase in the amount of salary payable to a judge
under this section caused by an increase in the salary payable to a
justice of the supreme court resulting from the operation of 1968
PA 357, MCL 15.211 to 15.218, shall not be effective until February
1 of the year in which the increase in the salary of a justice of
the supreme court becomes effective. If an increase in salary
becomes effective on February 1 of a year in which an increase in
the salary of a justice of the supreme court becomes effective, the
increase shall be retroactive to January 1 of that year.
Sec. 1096. The judges of the Detroit recorder's court shall
not practice as attorneys or counselors in any court of the state
and shall not engage in the practice of law for compensation. A
judge of the Detroit recorder's court may not have any law partner
practicing in that court.
Sec. 1097. (1) This chapter does not take effect unless the
city of Detroit, by resolution of the governing body of the city,
agrees to assume responsibility for any expenses required of the
city by this chapter.
(2) If the city of Detroit, acting through its governing body,
agrees to assume responsibility for any expenses required of the
city by this chapter, that action constitutes an exercise of the
city's option to provide a new activity or service or to increase
the level of activity or service offered in the city of Detroit
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 city of all expenses and capital
improvements which may result from establishment of the recorder's
court for the city of Detroit. However, the exercise of the option
does not affect the state's obligation to pay the portion of each
judge's salary paid by the state or to appropriate and disburse
funds to the city of Detroit for the necessary costs of state
requirements established by a state law.