SENATE BILL No. 416

 

 

June 8, 2011, Introduced by Senators CASWELL, JONES, COLBECK, ROCCA, PAPPAGEORGE and MARLEAU and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 504, 810a, 8121, 8150, and 8176 (MCL 600.504,

 

600.810a, 600.8121, 600.8150, and 600.8176), section 504 as amended

 

by 2002 PA 715, section 810a as amended by 2004 PA 492, section

 

8121 as amended by 2001 PA 258, and section 8176 as amended by 2002

 

PA 92.

 

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, 64 judges.

 

     (b) Beginning 12 noon, January 1, 2003, 63 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, except as provided in

 

subsection (2), has 61 judges.

 

     (2) This circuit shall have 60 judges 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. 810a. (1) The probate judges in the counties of Arenac,

 

Kalkaska, Crawford, Lake, Iron, and Ontonagon, have the

 

jurisdiction, powers, duties, and title of a district judge within

 

their respective counties, in addition to the jurisdiction, powers,

 

duties, and title of a probate judge.

 

     (2) Beginning January 2, 2007, in addition to the probate

 

judges described in subsection (1), the probate judges in the

 

counties of Manistee, Alcona, Baraga, Benzie, Missaukee,

 

Montmorency, Oscoda, and Presque Isle have the jurisdiction,

 

powers, duties, and title of a district judge within their

 

respective counties, in addition to the jurisdiction, powers,

 

duties, and title of a probate judge.

 

     Sec. 8121. (1) The sixteenth district consists of the city of

 

Livonia, is a district of the third class, and has 2 judges.

 

     (2) The seventeenth district consists of the township of

 

Redford in the county of Wayne, is a district of the third class,

 

and has 2 judges.


 

     (3) The eighteenth district consists of the city of Westland,

 

is a district of the third class, and has 2 judges.

 

     (4) The nineteenth district consists of the city of Dearborn,

 

is a district of the third class, and has 3 judges.

 

     (5) The twentieth district consists of the city of Dearborn

 

Heights, is a district of the third class, and has 2 judges.

 

     (6) The twenty-first district consists of the city of Garden

 

City, is a district of the third class, and has 1 judge.

 

     (7) The twenty-second district consists of the city of

 

Inkster, is a district of the third class, and has 1 judge.

 

     (8) The twenty-third district consists of the city of Taylor,

 

is a district of the third class, and has 2 judges.

 

     (9) The twenty-fourth district consists of the cities of Allen

 

Park and Melvindale, is a district of the third class, and has 2

 

judges.

 

     (10) The twenty-fifth district consists of the city of Lincoln

 

Park, is a district of the third class, and has 2 judges.

 

     (11) The twenty-sixth district consists of the cities of River

 

Rouge and Ecorse, is a district of the third class, and is divided

 

into the following election divisions:

 

     (a) The first division consists of the city of River Rouge and

 

has 1 judge.

 

     (b) The second division consists of the city of Ecorse and has

 

1 judge.has the following number of judges:

 

     (a) Until the date determined under subdivision (b), this

 

district has 2 judges.

 

     (b) This district has 1 judge 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.

 

     (12) The twenty-seventh district consists of the following, as

 

applicable:

 

     (a) Until January 1, 2003 or until a vacancy occurs in a

 

judgeship in the twenty-seventh district, whichever occurs first,

 

the twenty-seventh district consists of the cities of Wyandotte and

 

Riverview, is a district of the third class, and is divided into

 

the following election divisions:

 

     (i) The first division consists of the city of Wyandotte and

 

has 1 judge.

 

     (ii) The second division consists of the city of Riverview and

 

has 1 judge.

 

     (b) Beginning January 1, 2003 or the date on which a vacancy

 

occurs in a judgeship in the twenty-seventh district, whichever

 

occurs first, the twenty-seventh district consists of the cities of

 

Wyandotte and Riverview, is a district of the third class, and has

 

1 judge. The remaining incumbent judge of the twenty-seventh

 

district shall serve as the judge of the entire twenty-seventh

 

district for the balance of the term to which he or she was elected

 

or appointed.

 

     (13) The twenty-eighth district consists of the city of

 

Southgate, is a district of the third class, and has 1 judge.


 

     (14) The twenty-ninth district consists of the city of Wayne,

 

is a district of the third class, and has 1 judge.

 

     (15) The thirtieth district consists of the city of Highland

 

Park, is a district of the third class, and has the following

 

number of judges: 1 judge.

 

     (a) Until subdivision (b) takes effect, this district has 2

 

judges.

 

     (b) This district has 1 judge 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) 12 noon, January 1, 2003.

 

     (16) The thirty-first district consists of the city of

 

Hamtramck, is a district of the third class, and has 1 judge.

 

     (17) The thirty-second-a district consists of the city of

 

Harper Woods, is a district of the third class, and has 1 judge.

 

     (18) The thirty-second-b district consists of the cities of

 

Grosse Pointe Woods, Grosse Pointe Park, Grosse Pointe, and Grosse

 

Pointe Farms, and the village of Grosse Pointe Shores, is a

 

district of the third class, and has 1 judge.

 

     (19) The thirty-third district consists of the cities of

 

Trenton, Gibraltar, Woodhaven, Rockwood, and Flat Rock and the

 

townships of Brownstown and Grosse Ile in the county of Wayne, is a

 

district of the third class, and has 3 judges.

 

     (20) The thirty-fourth district consists of the townships of

 

Sumpter, Van Buren, and Huron in the county of Wayne and the cities

 

of Romulus and Belleville, is a district of the third class, and


 

has 3 judges.

 

     (21) The thirty-fifth district consists of the cities of

 

Northville and Plymouth and the townships of Northville, Plymouth,

 

and Canton in the county of Wayne, is a district of the third

 

class, and has 2 3 judges. Subject to section 8175, this district

 

may have 1 additional judge effective January 1, 2003. If a new

 

office of judge is added to this district to be filled by election

 

in 2002, the term of office of the judge for that election only

 

shall be 8 years.

 

     Sec. 8150. (1) The eighty-fifth district consists of the

 

counties of Manistee and Benzie, is a district of the first class

 

and has 1 judge. The eighty-fifth-a district consists of the county

 

of Manistee and is a district of the first class. Under section

 

810a, the probate judge for the county of Manistee shall serve as

 

judge of the eighty-fifth-a district.

 

     (2) The eighty-fifth-b district consists of the county of

 

Benzie and is a district of the first class. Under section 810a,

 

the probate judge for the county of Benzie shall serve as judge of

 

the eighty-fifth-b district.

 

     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 under 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 when 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 that 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 that 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 that becomes effective on or after December 23, 1978.

 

     (4) Each district judgeship created pursuant to under

 

subsection (1) shall be filled by election pursuant to under 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 under 2002 PA 92 does not require the a resolution

 

of approval of the district control unit under this section or

 

section 8175.

 

     (6) The division of a district or the consolidation of 2 or

 

more districts that does not result in an increase in the total

 

number of judgeships does not require a resolution of approval by

 

the district control unit under this section or section 8175.