HB-5123, As Passed House, March 20, 2014HB-5123, As Passed Senate, March 19, 2014

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5123

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 518, 524, 8116, 8121, 8121a, and 8123 (MCL

 

600.518, 600.524, 600.8116, 600.8121, 600.8121a, and 600.8123),

 

section 518 as amended by 2006 PA 99, section 524 as amended by

 

2012 PA 35, section 8116 as amended by 2012 PA 19, section 8121 as

 

amended by 2012 PA 37, section 8121a as amended by 1988 PA 135, and

 

section 8123 as amended by 2012 PA 624.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 518. The seventeenth judicial circuit consists of the

 

county of Kent and has 9 10 judges. Subject to section 550, this

 

judicial circuit may have 1 additional judge effective beginning

 

January 1, 2007.2017.

 

     Sec. 524. (1) Except as provided in subsection (2), the

 


twenty-third judicial circuit consists of the counties of Alcona,

 

Arenac, Iosco, and Oscoda and has 2 judges. For purposes of the

 

November 2008 general election only, the term of the candidate for

 

circuit judge in this circuit who receives the highest number of

 

votes is 8 years, and the term of the candidate receiving the

 

second highest number of votes is 6 years.

 

     (2) Beginning on the earlier of the following dates, the

 

twenty-third judicial circuit has 1 judge:

 

     (a) The date on which a vacancy occurs in the office of

 

circuit judge in the twenty-third judicial circuit, unless the

 

vacancy occurs after the vacating judge has been defeated in a

 

primary or general election.

 

     (b) The beginning date of the term for which an incumbent

 

circuit judge in the twenty-third judicial circuit no longer seeks

 

election or reelection to that office.

 

     Sec. 8116. (1) Except as provided in subsection (2), the The

 

seventh district consists of the county of Van Buren, is a district

 

of the first class, and has 2 judges.

 

     (2) Beginning on the earlier of the following dates, the

 

seventh district has 1 judge:

 

     (a) The date on which a vacancy occurs in the office of

 

district judge in the seventh district.

 

     (b) The beginning date of the term for which an incumbent

 

district judge in the seventh district no longer seeks election or

 

reelection to that office.

 

     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 Except as otherwise provided in this subsection, the

 

eighteenth district consists of the city of Westland, is a district

 

of the third class, and has 2 judges. If the governing bodies of

 

the cities of Westland and Wayne approve by resolutions the

 

consolidation of the eighteenth and twenty-ninth districts prior to

 

January 1, 2016, all of the following apply beginning January 1,

 

2016:

 

     (a) The twenty-ninth district is abolished and the eighteenth

 

district consists of the cities of Westland and Wayne, is a

 

district of the third class, and has 3 judges. The additional

 

judgeship in the eighteenth district shall be filled by the

 

incumbent judge of the twenty-ninth district, who shall become a

 

judge of the eighteenth district for the balance of the term to

 

which he or she was elected or appointed. For purposes of the

 

November 2018 general election only, the term of the candidate for

 

district judge in the eighteenth district who receives the greatest

 

number of votes is 10 years and the term of the candidate for

 

district judge in the eighteenth district who receives the second

 

greatest number of votes is 6 years.

 

     (b) The clerks of the cities of Westland and Wayne shall file

 

copies of the resolutions with the state court administrator, who,

 

as authorized by the supreme court, shall notify the elections

 

division of the department of state that the consolidation has been

 

approved under this section. A resolution that is filed before

 


January 2, 2015 is a valid approval of the consolidation.

 

     (c) By proposing or authorizing the consolidation of the

 

eighteenth and twenty-ninth districts, the legislature is not

 

creating a new obligation for any affected district control unit.

 

If a district control unit, acting through its governing body,

 

approves the consolidation, then the approval constitutes an

 

exercise of the district control unit's option to increase the

 

level of activity and service offered in that district control unit

 

beyond that required by existing law, as the elements of that

 

option are provided by 1979 PA 101, MCL 21.231 to 21.244, and a

 

voluntary acceptance by that district control unit of all expenses

 

and capital improvements that may result from the consolidation of

 

the districts. However, the exercise of the option does not affect

 

the state's obligation to pay the same portion of each judge's

 

salary 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 that becomes effective on or after

 

December 23, 1978.

 

     (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. Beginning

 

April 1, 2012, the twenty-fifth district consists of the cities of

 

Ecorse, Lincoln Park, and River Rouge, is a district of the third

 

class, and has 3 judges. The additional judgeship in the twenty-

 

fifth district shall be filled by the incumbent judge of the

 

twenty-sixth district, who shall become a judge of the twenty-fifth

 

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

 

or appointed. Sections 8175 and 8176 do not apply to the

 

consolidation of the twenty-fifth and twenty-sixth districts.

 

Beginning April 2, 2012, the twenty-fifth district 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 has 1

 

judge. Beginning on April 1, 2012, the twenty-sixth district is

 

abolished and the judge of the twenty-sixth district shall become a

 

judge of the twenty-fifth district for the balance of the term to

 

which he or she was elected or appointed.

 

     (11) If the governing bodies of the cities of Southgate,

 

Wyandotte, and Riverview approve by resolutions the formation of

 

the twenty-sixth district by the consolidation of the twenty-

 

seventh and twenty-eighth districts prior to January 1, 2016, all

 

of the following apply beginning January 1, 2016:

 


     (a) The twenty-sixth district is created by the consolidation

 

of the former twenty-seventh and twenty-eighth districts, consists

 

of the cities of Southgate, Wyandotte, and Riverview, is a district

 

of the third class, and has 2 judges. The judgeships in the twenty-

 

sixth district shall be filled by the individuals who were judges

 

of the twenty-seventh and twenty-eighth districts on December 31,

 

2015, and who shall serve as judges of the twenty-sixth district

 

for the balance of the terms to which they were elected or

 

appointed. The twenty-seventh and twenty-eighth districts shall

 

cease to exist as separate districts.

 

     (b) The clerks of the cities of Southgate, Wyandotte, and

 

Riverview shall file copies of the resolutions with the state court

 

administrator, who, as authorized by the supreme court, shall

 

notify the elections division of the department of state that the

 

consolidation has been approved under this section. A resolution

 

that is filed before January 2, 2015 is a valid approval of the

 

consolidation.

 

     (c) By proposing or authorizing the consolidation of the

 

twenty-seventh and twenty-eighth districts, the legislature is not

 

creating a new obligation for any affected district control unit.

 

if a district control unit, acting through its governing body,

 

approves the consolidation, then the approval constitutes an

 

exercise of the district control unit's option to increase the

 

level of activity and service offered in that district control unit

 

beyond that required by existing law, as the elements of that

 

option are provided by 1979 PA 101, MCL 21.231 to 21.244, and a

 

voluntary acceptance by that district control unit of all expenses

 


and capital improvements that may result from the consolidation of

 

the districts. However, the exercise of the option does not affect

 

the state's obligation to pay the same portion of each judge's

 

salary 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 that becomes effective on or after

 

December 23, 1978.

 

     (12) The Except as otherwise provided in subsection (11), the

 

twenty-seventh district consists of the cities of Wyandotte and

 

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

 

     (13) The Except as otherwise provided in subsection (11), the

 

twenty-eighth district consists of the city of Southgate, is a

 

district of the third class, and has 1 judge.

 

     (14) The Except as otherwise provided in subsection (3), 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 1 judge.

 

     (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 the following number of

 

judges:

 

     (a) Until the date determined under subdivision (b), 3 judges.

 

     (b) Beginning on the earlier of the following dates, 2 judges:

 

     (i) The date on which a vacancy occurs in the office of

 

district judge in this district, unless the vacancy occurs after

 

the vacating judge has been defeated in a primary or general

 

election.

 

     (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.

 

     (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 3 judges.

 

     Sec. 8121a. (1) The thirty-sixth district consists of the city

 

of Detroit, and is a district of the third class, .and has the

 

following number of judges:

 

     (a) Until 12 noon, January 1, 2015, 31 judges.

 

     (b) Beginning 12 noon, January 1, 2015, 30 judges. The 1

 


judgeship eliminated from this district at 12 noon, January 1, 2015

 

shall be the judgeship of a judge who is not eligible to run for

 

reelection in 2014 due to constitutional limitation on the

 

effective date of the amendatory act that added this subdivision.

 

     (2) Commencing September 1, 1981, the thirty-sixth district

 

shall have 13 judges.

 

     (3) Commencing January 1, 1982, the thirty-sixth district

 

shall have 20 judges.

 

     (4) Commencing January 1, 1983, the thirty-sixth district

 

shall have 27 judges.

 

     (5) Commencing January 1, 1985, the thirty-sixth district

 

shall have 29 judges.

 

     (6) Commencing January 1, 1989, subject to section 8175, the

 

thirty-sixth district may have 2 additional judges. If new offices

 

of judge are added to this district pursuant to this subsection,

 

for the first general election only, the term of the candidate

 

receiving the greatest number of votes shall be 6 years and the

 

term of the next candidate receiving the greatest number of votes

 

shall be 4 years.

 

     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) Except as otherwise provided in this subsection, the

 

forty-fourth district consists of the city of Royal Oak, is a

 

district of the third class, and has 2 judges. Beginning January 2,

 

2015, the forty-fourth district consists of the cities of Royal Oak

 

and Berkley and has the following number of judges:

 


     (a) Until the dates determined under subdivisions (b) and (c),

 

3 judges.

 

     (b) Beginning January 3, 2015, the forty-fourth district has 2

 

judges beginning on the earlier of the following dates:

 

     (i) The date on which a vacancy occurs in the office of

 

district judge in the forty-fourth district, unless the vacancy

 

occurs after the vacating judge has been defeated in a primary or

 

general election.

 

     (ii) The beginning date of the term for which an incumbent

 

district judge in the forty-fourth district no longer seeks

 

election or reelection to that office.

 

     (c) Following the reduction in the number of judgeships from 3

 

to 2 under subdivision (b), the forty-fourth 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 the forty-fourth district, unless the vacancy

 

occurs after the vacating judge has been defeated in a primary or

 

general election.

 

     (ii) The beginning date of the term for which an incumbent

 

district judge in the forty-fourth district no longer seeks

 

election or reelection to that office.

 

     (3) Except as otherwise provided in this subsection, the

 

forty-fifth-a district is created, consists of the city of Berkley,

 

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

 

serving as judge of the forty-fifth-a district on June 30, 2012, or

 

his or her successor, shall serve as judge of the forty-fifth-a

 

district until that district is abolished under this subsection.

 


For purposes of the November 2014 general election only, the term

 

of the person elected district judge in the forty-fifth-a district

 

is 8 years. Beginning July 1, 2012, the forty-fifth district is

 

created. The forty-fifth 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. Beginning January 2, 2015, the forty-

 

fifth-a district is abolished and the judge of the forty-fifth-a

 

district shall become a judge of the forty-fourth district for the

 

balance of the term to which he or she was elected or appointed.

 

Sections 8175 and 8176 do not apply to the reorganization of the

 

forty-fourth, forty-fifth, forty-fifth-a, and forty-fifth-b

 

districts. Any physical reorganization required to accomplish the

 

reorganization of district boundaries under this subsection and

 

subsection (2) shall be completed no later than January 1, 2021.

 

For purposes of the November 2014 general election only, the term

 

of the candidate for district judge in the forty-fifth judicial

 

district who receives the highest number of votes is 8 years and

 

the term of the candidate for district judge in the forty-fifth

 

judicial district who receives the second highest number of votes

 

is 6 years.

 

     (4) Except as otherwise provided in this subsection, 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. Beginning July 1, 2012, the forty-fifth district is

 

created. The forty-fifth 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. Beginning July 1, 2012, the forty-fifth-b

 

district is abolished and the judges of the forty-fifth-b district

 

shall become judges of the forty-fifth district for the balance of

 

the term to which they were elected or appointed. For purposes of

 

the November 2014 general election only, the term of the candidate

 

for district judge in the forty-fifth judicial district who

 

receives the greatest number of votes is 8 years and the term of

 

the candidate for district judge in the forty-fifth judicial

 

district who receives the second greatest number of votes is 6

 

years.

 

     (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.

 

     (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 the following number of judges:

 

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

 

forty-eighth district has 3 judges.

 

     (b) The forty-eighth district has 2 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, unless the vacancy occurs after

 

the vacating judge has been defeated in a primary or general

 

election.

 

     (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.

 

     (8) The fiftieth district consists of the city of Pontiac, is

 

a district of the third class, and has the following number of

 

judges:

 

     (a) Until the date determined under subdivision (b), 4 judges.

 

     (b) The fiftieth district has 3 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, unless the vacancy occurs after

 

the vacating judge has been defeated in a primary or general

 

election.

 

     (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.

 

     (b) The second division consists of the city of the village of

 

Clarkston and the townships of Springfield, Independence, Holly,

 

Groveland, Brandon, Rose, and White Lake and has 2 judges.

 

     (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) Except as otherwise provided in this subdivision, the The

 

fourth division consists of the cities of Troy and Clawson and has

 

3 judges. Beginning 12 noon, January 1, 2013, the fourth division

 

has 2 judges.

 

     Enacting section 1. Section 8121 of the revised judicature act

 

of 1961, 1961 PA 236, MCL 600.8121, as amended by this amendatory

 

act, takes effect on January 2, 2015.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) House Bill No. 5121.

 

     (b) House Bill No. 5122.

 


     (c) House Bill No. 5124.

 

     (d) House Bill No. 5125.