October 28, 2009, 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 301, 302, 411, 504, 517, 526, 542, 547, 803,
807, 808, 809, 810, 8117, 8123, 8144, 8146, 8150, 8153, 8160, 8162,
8163, and 8176 (MCL 600.301, 600.302, 600.411, 600.504, 600.517,
600.526, 600.542, 600.547, 600.803, 600.807, 600.808, 600.809,
600.810, 600.8117, 600.8123, 600.8144, 600.8146, 600.8150,
600.8153, 600.8160, 600.8162, 600.8163, and 600.8176), section 301
as amended by 1993 PA 190, section 302 as amended by 2001 PA 117,
section 411 as added and section 810 as amended by 2005 PA 326,
sections 504 and 803 as amended by 2002 PA 715, section 517 as
amended by 2006 PA 101, sections 542 and 547 as amended by 1984 PA
95, sections 807 and 808 as amended by 2004 PA 492, section 8117 as
amended by 2005 PA 237, section 8123 as amended by 2000 PA 448, and
sections 8144, 8146, and 8176 as amended by 2002 PA 92, and by
adding sections 303e and 810b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
301. The Except as
provided in section 303e, the court of
appeals consists of 28 judges and is a court of record.
Sec. 302. The state is divided into 4 judicial districts for
the
election of judges of the court of appeals. Each Except as
provided in section 303e, each district is entitled to 7 judges.
The districts are constituted and numbered as follows:
(a) District 1 consists of the counties of Calhoun, Hillsdale,
Lenawee, Monroe, and Wayne.
(b) District 2 consists of the counties of Genesee, Macomb,
Oakland, and Shiawassee.
(c) District 3 consists of the counties of Allegan, Barry,
Berrien, Branch, Cass, Eaton, Ionia, Jackson, Kalamazoo, Kent,
Muskegon, Newaygo, Ottawa, St. Joseph, Van Buren, and Washtenaw.
(d) District 4 consists of the counties of Alcona, Alger,
Alpena, Antrim, Arenac, Baraga, Bay, Benzie, Charlevoix, Cheboygan,
Chippewa, Clare, Clinton, Crawford, Delta, Dickinson, Emmet,
Gladwin, Gogebic, Grand Traverse, Gratiot, Houghton, Huron, Ingham,
Iosco, Iron, Isabella, Kalkaska, Keweenaw, Lake, Lapeer, Leelanau,
Livingston, Luce, Mackinac, Manistee, Marquette, Mason, Mecosta,
Menominee, Midland, Missaukee, Montcalm, Montmorency, Oceana,
Ogemaw, Ontonagon, Osceola, Oscoda, Otsego, Presque Isle,
Roscommon, Saginaw, Sanilac, Schoolcraft, St. Clair, Tuscola, and
Wexford.
Sec. 303e. (1) Beginning on the effective date of this
section, the court of appeals has 24 judges, and each judicial
district for the election of judges of the court of appeals is
entitled to 6 judges.
(2) To effectuate the transition from 7 judges to 6 judges in
each district, each district has 7 judges until the earlier of the
following dates, at which time that district shall have 6 judges:
(a) The date on which a vacancy occurs in the office of judge
of the court of appeals in that district.
(b) The beginning date of the term for which an incumbent
judge of the court of appeals in that district no longer seeks
election or reelection to that office.
Sec. 411. A plan of concurrent jurisdiction may provide that a
probate judge of a county described in section 810a or 810b has the
jurisdiction, powers, and duties of a district judge within that
county, including jurisdiction over small claims and civil
infraction actions and the power of appointment to a public office
delegated by constitution or statute to the district judge.
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, 64 2013, 61 judges.
(b)
Beginning 12 noon, January 1,
2003, 63 2013, 59 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, 61 judges.
Sec. 517. The sixteenth judicial circuit consists of the
county of Macomb and has 12 13 judges. Subject to
section 550, this
This
circuit may have 1 2 additional
judge effective January 1,
2007.
judges, as follows:
(a) Subject to section 550, this circuit may have 1 additional
judge effective January 1, 2011.
(b) Subject to section 550, and also subject to the local
approval requirement in section 803(4)(b), this section may have a
second additional judge effective January 1, 2013.
Sec. 526. (1) The twenty-fifth judicial circuit consists of
the county of Marquette and, except as provided in subsection (2),
has 2 judges.
(2) This circuit shall have 1 judge beginning on the earlier
of the following dates:
(a) The date on which a vacancy occurs in the office of
circuit judge in this circuit.
(b) The beginning date of the term for which an incumbent
circuit judge in this circuit no longer seeks election or
reelection to that office.
Sec. 542. (1) The forty-first judicial circuit consists of the
counties of Dickinson, Iron, and Menominee and, except as provided
in
subsections (2) and (3), has 1 judge
2 judges. Subject to
section
550, this circuit may have 1 additional judge effective
January 1, 1985.
(2) Unless subsection (3) applies, this judicial circuit shall
have 1 judge beginning on the earlier of the following dates:
(a) The date on which a vacancy occurs in the office of
circuit judge in this judicial circuit.
(b) The beginning date of the term for which an incumbent
circuit judge in this judicial circuit no longer seeks election or
reelection to that office.
(3) Subsection (2) does not take effect if the formation of
the fourth probate court district is approved by a majority of the
electors voting on the question in each of the affected counties
not later than November 2, 2010, pursuant to section 808.
Sec. 547. (1) The forty-sixth judicial circuit consists of the
counties of Kalkaska, Crawford, and Otsego and, except as provided
in
subsection (2), has 1 judge 2 judges.
Subject to section 550,
this
circuit may have 1 additional judge effective January 1, 1985.
(2) This circuit shall have 1 judge beginning on the earlier
of the following dates:
(a) The date on which a vacancy occurs in the office of
circuit judge in this circuit.
(b) The beginning date of the term for which an incumbent
circuit judge in this circuit no longer seeks election or
reelection to that office.
Sec. 803. (1) Except as otherwise provided in this section,
each
county which that 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, Monroe,
Muskegon, Saginaw, St. Clair, and Washtenaw shall each have 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.
(4) (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 The county of Macomb shall
have 2 has the following
number
of judges of probate: .
(a) Unless subdivision (b) takes effect, 2 judges of probate.
(b) If the county of Macomb approves the addition of the
second additional circuit judgeship authorized by section 517(b) in
the manner provided by law, the county of Macomb shall have 1 judge
of probate effective 12 noon January 1, 2013.
(5) (6)
The county of Kalamazoo shall
have has 3 judges of
probate.
(6) (7)
The county of Kent shall
have has 4 judges of probate.
(7) (8)
The county of Oakland shall
have has 4 judges of
probate.
(8) (9)
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.
(9) (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. 807. A probate court district is created in each of the
following described districts when a majority of the electors
voting on the question in each affected county approves the probate
court district. The districts shall consist as follows:
(a) The first district consists of the counties of Houghton
and Keweenaw.
(b) The second district consists of the counties of Ontonagon
and Gogebic.
(c) The fourth district consists of the counties of Dickinson
and Menominee.
(d) (b)
The fifth district consists of the
counties of
Schoolcraft and Alger.
(e) (c)
The sixth district consists of the
counties of
Mackinac and Luce.
(f) (d)
The seventh district consists of
the counties of Emmet
and Charlevoix.
(g) The ninth district consists of the counties of Alpena and
Montmorency.
(h) The twelfth district consists of the counties of Manistee
and Benzie.
(i) The fifteenth district consists of the counties of Alcona
and Oscoda.
(j) (e)
The seventeenth district consists
of the counties of
Clare and Gladwin.
(k) (f)
The eighteenth district consists of
the counties of
Mecosta and Osceola.
Sec. 808. (1) When each county board of commissioners of a
district described in section 807 agrees by resolution to form a
district, the question of creation of the district shall be
submitted to the electors of the affected counties at the next
primary, general, or special election that occurs more than 49 days
after the resolution is adopted. A special election for submission
of the question may be called by resolution adopted by each county
board of commissioners in the proposed district.
(2) The question of creation of the first, second, fourth,
ninth, twelfth, and fifteenth districts described in section 807
shall be submitted to the electors of the affected counties at the
November 2, 2010 general election without the need for a resolution
under subsection (1).
(3) (2)
The question relative to creating
the district shall
be in substantially the following form:
"Shall this county join in a probate court district, which
will consist of the counties of ____________ and ____________ if
the majority of the electors voting on the question in each
affected county approve?
Yes ( )
No ( )".
(4) (3)
The votes on the question shall be
counted, canvassed,
and returned in the manner provided by law. The results shall be
canvassed and certified by the board of state canvassers in the
same
manner as provided for state propositions under chapter 31
XXXI of the Michigan election law, 1954 PA 116, MCL 168.841 to
168.848.
(5) (4)
If approved by a majority of the
electors voting on
the question in each of the counties affected, those counties shall
constitute the probate court district corresponding to the
appropriate district described in section 807, and that district
becomes effective as provided in section 809 or 810, whichever
section results in an earlier effective date.
(6) (5)
The election of the probate judge
for a probate court
district created under this section shall be held as provided in
section 811.
(7) (6)
The state shall reimburse the
affected counties for
the additional cost of submitting the question of the district to
the electors of the affected counties if the question is submitted
to the electors at a primary, general, or special election held
after January 2, 2007.
Sec. 809. (1) Except when the vacancy or vacancies occur after
the
date established by Act No. 116 of the Public Acts of 1954, as
amended,
being sections 168.1 to 168.992 of the Michigan Compiled
Laws
the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992,
for nonincumbent candidates to file for the office of probate judge
for a full 6-year term or for the unexpired portion of a term,
whichever is applicable, a probate court district created under
section 808 shall become effective upon the existence of a vacancy
in the office of probate judge in all but 1 of the counties
comprising that district.
(2) When a probate court district becomes effective pursuant
to subsection (1), the remaining incumbent probate judge in the
district shall serve as the probate judge of the district until the
term for which he was elected or appointed expires. Thereafter the
1 probate judge for the district shall be elected as provided in
section
808(5) 811.
Sec. 810. Except when section 809 results in an earlier
effective date, a probate court district created under section 808
becomes effective upon the beginning date of the term for which an
incumbent probate judge in any county in the district no longer
seeks reelection to that office that occurs not less than 220 days
after the vote on the question. At the general election immediately
preceding that date, 1 probate judge for the district shall be
elected
as provided in section 808(5) 811.
Sec. 810b. (1) Beginning on the date provided in subsection
(2), the probate judges in each of the counties of Mason, Iosco,
Manistee, Alpena, Houghton, Keweenaw, and Gogebic have the
jurisdiction, powers, duties, and title of a district judge within
that county, in addition to the jurisdiction, powers, duties, and
title of a probate judge.
(2) Subsection (1) takes effect for each county named in
subsection (1) on the date the district judgeship in that county is
eliminated by law.
Sec. 8117. (1) The eighth district consists of the county of
Kalamazoo, is a district of the first class, and, except as
provided in subsection (2), has 7 judges.
(2) This district shall have 6 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 district.
(b) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
Sec. 8123. (1) The forty-third district consists of the cities
of Madison Heights, Ferndale, and Hazel Park, is a district of the
third class, and has 3 judges.
(2) The forty-fourth district consists of the city of Royal
Oak, is a district of the third class, and has 2 judges.
(3) The forty-fifth-a district consists of the city of
Berkley, is a district of the third class, and has 1 judge.
(4) The forty-fifth-b district consists of the cities of
Huntington Woods, Oak Park, and Pleasant Ridge and the township of
Royal Oak in the county of Oakland, is a district of the third
class, and has 2 judges.
(5) The forty-sixth district consists of the cities of
Southfield and Lathrup Village and the township of Southfield in
the county of Oakland, is a district of the third class, and has 3
judges.
(6) The forty-seventh district consists of the cities of
Farmington and Farmington Hills, is a district of the third class,
and
has 2 judges. Subject to section 8175, this district may have 1
additional
judge subject to review and recommendation by the state
court
administrator to the legislature and subsequent legislation,
if
and when a district court judgeship is eliminated within the
state
of Michigan.
(7) The forty-eighth district consists of the cities of
Birmingham, Bloomfield Hills, Sylvan Lake, Keego Harbor, and
Orchard Lake Village and the townships of Bloomfield and West
Bloomfield in the county of Oakland, is a district of the third
class, and has 3 judges.
(8) The fiftieth district consists of the city of Pontiac, is
a
district of the third class, and has 4 the following number of
judges: .
(a) Until subdivision (b) takes effect, 4 judges.
(b) Three 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 election or
reelection to that office.
(9) The fifty-first district consists of the township of
Waterford in the county of Oakland, is a district of the third
class, and has 2 judges.
(10) The fifty-second district consists of the county of
Oakland except the cities of Madison Heights, Ferndale, Hazel Park,
Royal Oak, Berkley, Huntington Woods, Oak Park, Pleasant Ridge,
Southfield, Lathrup Village, Farmington, Farmington Hills,
Northville, Sylvan Lake, Keego Harbor, Orchard Lake Village,
Birmingham, Bloomfield Hills, and Pontiac and the townships of
Royal Oak, Southfield, West Bloomfield, Bloomfield, and Waterford,
is a district of the second class, and is divided into the
following election divisions:
(a) The first division consists of the cities of Novi, South
Lyon, Wixom, and Walled Lake and the townships of Milford,
Highland, Commerce, Lyon, and Novi, and has 3 judges. Until January
1,
2003, the first division also includes the townships of Rose and
White Lake. The first division has 3 judges. Subject to
section
8175,
this division may have 1 additional judge effective January
1,
2003. If the Oakland county board of commissioners approves that
additional
judgeship, the judgeship in the first division that is
filled
by the district judge of the first division whose term
expires
January 1, 2005 is transferred to the second division,
effective
January 1, 2003.
(b) The second division consists of the city of the village of
Clarkston and the townships of Springfield, Independence, Holly,
Groveland,
and Brandon, . Beginning January 1, 2003, the second
division
also includes the townships of Rose, and White Lake,
and
has
2 judges. The second division has 1
judge; however, effective
January 1, 2003, this division shall have 2 judges if a judgeship
is
transferred to this division from the first division pursuant to
subdivision
(a).
(c) The third division consists of the cities of Rochester,
Auburn Hills, Rochester Hills, and Lake Angelus and the townships
of Oxford, Addison, Orion, and Oakland and has 3 judges.
(d) The fourth division consists of the cities of Troy and
Clawson and has 3 judges.
Sec.
8144. (1) The seventy-ninth district consists of the
counties
of Oceana and Mason, is a district of the first class, and
has
1 judge. Beginning April 1, 2003, Until
subsection (2) takes
effect, the seventy-ninth district consists of the counties of Lake
and Mason, is a district of the first class, and has 1 judge.
(2) Beginning on the date on which a vacancy occurs in the
office of district judge in this district, or the beginning date of
the term for which an incumbent district judge in this district no
longer seeks election or reelection to that office, whichever is
earlier, both of the following apply:
(a) The seventy-ninth-a district is created and consists of
the county of Lake, and is a district of the first class. Pursuant
to section 810a, the probate judge for the county of Lake shall
serve as judge of the seventy-ninth-a district.
(b) The seventy-ninth-b district is created and consists of
the county of Mason, and is a district of the first class. Pursuant
to section 810b, the probate judge for the county of Mason shall
serve as judge of the seventy-ninth-b district.
Sec.
8146. (1) The eighty-first district consists of the
counties
of Iosco and Arenac, is a district of the first class, and
has
1 judge. Beginning April 1, 2003, the Until
subsection (2)
takes effect, the eighty-first district consists of the counties of
Alcona, Arenac, Iosco, and Oscoda, is a district of the first
class, and has 1 judge.
(2) Beginning on the date on which a vacancy occurs in the
office of district judge in this district, or the beginning date of
the term for which an incumbent district judge in this district no
longer seeks election or reelection to that office, whichever is
earlier, all of the following apply:
(a) The eighty-first-a district is created and consists of the
county of Arenac, and is a district of the first class. Pursuant to
section 810a, the probate judge for the county of Arenac shall
serve as judge of the eighty-first-a district.
(b) The eighty-first-b district is created and consists of the
county of Iosco, and is a district of the first class. Pursuant to
section 810b, the probate judge for the county of Iosco shall serve
as judge of the eighty-first-b district.
(c) The eighty-first-c district is created and consists of the
county of Alcona, and is a district of the first class. Pursuant to
section 810a, the probate judge for the county of Alcona shall
serve as judge of the eighty-first-c district.
(d) The eighty-first-d district is created and consists of the
county of Oscoda, and is a district of the first class. Pursuant to
section 810a, the probate judge for the county of Oscoda shall
serve as judge of the eighty-first-d district.
Sec.
8150. (1) The Except
as provided in subsections (2) and
(3), the eighty-fifth district consists of the counties of Manistee
and Benzie, is a district of the first class and has 1 judge.
(2) Beginning on the date on which a vacancy occurs in the
office of district judge in this district, or the beginning date of
the term for which an incumbent district judge in this district no
longer seeks election or reelection to that office, whichever is
earlier, both of the following apply:
(a) The eighty-fifth-a district is created and consists of the
county of Manistee, and is a district of the first class. Pursuant
to section 810b, the probate judge for the county of Manistee shall
serve as judge of the eighty-fifth-a district.
(b) The eighty-fifth-b district is created and consists of the
county of Benzie, and is a district of the first class. Pursuant to
section 810a, the probate judge for the county of Benzie shall
serve as judge of the eighty-fifth-b district.
(3) Subsection (2) does not take effect if the formation of
the twelfth probate court district is approved by a majority of the
electors voting on the question in each of the affected counties
not later than November 2, 2010, pursuant to section 808.
Sec.
8153. (1) The Except
as provided in subsections (2) and
(3), the eighty-eighth district consists of the counties of Alpena
and Montmorency, is a district of the first class and has 1 judge.
(2) Unless subsection (3) applies, the following provisions
apply to this district beginning on 12 noon, January 1, 2015, or
the date on which a vacancy occurs in the office of district judge
in this district, whichever is earlier:
(a) The eighty-eighth-a district is created and consists of
the county of Alpena, and is a district of the first class.
Pursuant to section 810b, the probate judge for the county of
Alpena shall serve as judge of the seventy-eighth-a district.
(b) The eighty-eighth-b district is created and consists of
the county of Montmorency, and is a district of the first class.
Pursuant to section 810a, the probate judge for the county of
Montmorency shall serve as judge of the eighty-eighth-b district.
(3) Subsection (2) does not take effect if the formation of
the ninth probate court district is approved by a majority of the
electors voting on the question in each of the affected counties
not later than November 2, 2010, pursuant to section 808.
Sec.
8160. (1) The ninety-fifth-a Until
January 2, 2011, the
ninety-fifth-a district consists of the county of Menominee, is a
district of the first class and has 1 judge. Effective January 2,
2011, the ninety-fifth-a district consists of the counties of
Menominee and Dickinson, is a district of the first class, and,
except as provided in subsection (2), has 2 judges. The additional
judgeship in this district shall be filled by the incumbent
district judge of the ninety-fifth-b district residing in Dickinson
county who shall serve as a judge of the ninety-fifth-a district
for the balance of the term to which he or she was elected or
appointed.
(2) The ninety-fifth-a district shall have 1 judge beginning
on the earlier of the following dates:
(a) The date on which a vacancy occurs in the office of
district judge in this district.
(b) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(3) (2)
The ninety-fifth-b Until January 2, 2011, the ninety-
fifth-B district consists of the counties of Dickinson and Iron, is
a district of the first class and has 1 judge. Effective January 2,
2011, the ninety-fifth-B district consists of the county of Iron
and is a district of the first class, and, pursuant to section
810a, the probate judge for the county of Iron shall serve as judge
of this district.
Sec.
8162. (1) The Until
January 2, 2011, the ninety-seventh
district consists of the counties of Houghton, Keweenaw and Baraga,
is a district of the first class and has 1 judge.
(2) Effective January 2, 2011, the ninety-seventh-a district
is created and consists of the county of Baraga, and is a district
of the first class. Pursuant to section 810a, the probate judge for
the county of Baraga shall serve as judge of this district.
(3) Effective January 2, 2011, the ninety-seventh-b district
is created and consists of the counties of Houghton and Keweenaw,
and is a district of the first class. Unless subsections (4) and
(5) apply, this district has 1 judge. The judgeship in this
district shall be filled by the incumbent district judge of the
ninety-seventh district residing in Houghton county who shall serve
as a judge of the ninety-seventh-b district for the balance of the
term to which he or she was elected or appointed.
(4) Beginning on the date on which a vacancy occurs in the
office of district judge in the ninety-seventh-b district, or the
beginning date of the term for which an incumbent district judge in
the ninety-seventh-b district no longer seeks election or
reelection to that office, whichever is earlier, both of the
following apply:
(a) Pursuant to section 810b, the probate judge for the county
of Houghton shall serve as judge of the ninety-seventh-b district
within Houghton county.
(b) Pursuant to section 810b, the probate judge for the county
of Keweenaw shall serve as judge of ninety-seventh-b district
within Keweenaw county.
(5) Subsection (4) does not take effect if the formation of
the first probate court district is approved by a majority of the
electors voting on the question in each of the affected counties
not later than November 2, 2010, pursuant to section 808.
Sec.
8163. (1) The Except
as provided in subsections (2) and
(3), the ninety-eighth district consists of the counties of
Ontonagon and Gogebic, is a district of the first class and has 1
judge.
(2) Unless subsection (3) applies, the following provisions
apply to this district beginning on 12 noon, January 1, 2015, or
the date on which a vacancy occurs in the office of district judge
in this district, whichever is earlier:
(a) The ninety-eighth-a district is created and consists of
the county of Gogebic, and is a district of the first class.
Pursuant to section 810b, the probate judge for the county of
Gogebic shall serve as judge of this district.
(b) The ninety-eighth-b district is created and consists of
the county of Ontonagon, and is a district of the first class.
Pursuant to section 810a, the probate judge for the county of
Ontonagon shall serve as judge of this district.
(3) Subsection (2) does not take effect if the formation of
the second probate court district is approved by a majority of the
electors voting on the question in each of the affected counties
not later than November 2, 2010, pursuant to section 808.
Sec. 8176. (1) If a new district is proposed by law, that new
district shall not be created and any district judgeship proposed
for the district shall not be authorized or filled by election
unless each district control unit in the proposed district, by
resolution adopted by the governing body of the district control
unit, approves the creation of the new district and each judgeship
proposed for the district and unless the clerk of each district
control unit adopting that resolution files a copy of the
resolution with the state court administrator not later than 4 p.m.
of the sixteenth Tuesday preceding the August primary for the
election immediately preceding the effective date of the new
district. The state court administrator shall immediately notify
the elections division of the department of state with respect to
each new judicial district and district judgeship authorized
pursuant to this subsection.
(2) A resolution required under subsection (1) that is filed
before the effective date of the amendatory act that authorized
that new district is a valid approval for purposes of this section
only if the filing occurs within the 2-year state legislative
session during which the amendatory act was enacted. A resolution
required under subsection (1) that is filed after the effective
date of the amendatory act that authorized that new district is a
valid approval for purposes of this section only if the filing
occurs not later than 4 p.m. of the sixteenth Tuesday preceding the
August primary for the election immediately preceding the effective
date of the new district.
(3) By proposing a new district and 1 or more district
judgeships for the district, the legislature is not creating that
district or any judgeship in the district. If a district control
unit, acting through its governing body, approves the creation of a
new district and 1 or more district judgeships proposed by law for
that district, that approval constitutes an exercise of the
district control unit's option to provide a new activity or service
or to increase the level of activity or service offered in the
district control unit 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 district control unit of
all expenses and capital improvements which may result from the
creation of the new district and each judgeship. However, the
exercise of the option does not affect the state's obligation to
pay the same portion of each judge's salary which is paid by the
state to other district judges as provided by law, or to
appropriate and disburse funds to the district control unit for the
necessary costs of state requirements established by a state law
which becomes effective on or after December 23, 1978.
(4) Each district judgeship created pursuant to subsection (1)
shall be filled by election pursuant to the Michigan election law,
1954 PA 116, MCL 168.1 to 168.992. The first term of each district
judgeship shall be 6 years, unless the law permitting the creation
of the new district and 1 or more judgeships provides for a term of
a different length.
(5) The reformation of the seventy-eighth, seventy-ninth,
eighty-first, eighty-second, eighty-third, and eighty-seventh
judicial
districts pursuant to the 2002 amendatory act that added
this
subsection 2002 PA 92 does not require the approval of the
district control unit under this section or section 8175.
(6) The reformation of the seventy-ninth, eighty-first,
eighty-fifth, eighty-eighth, ninety-fifth-a, ninety-fifth-b,
ninety-seventh, and ninety-eighth judicial districts pursuant to
the 2009 amendatory act that added this subsection does not require
the approval of the district control unit under this section or
section 8175.