HB-5123, As Passed House,
December 5, 2013
SUBSTITUTE
FOR
HOUSE
BILL NO. 5123
A
bill to amend 1961 PA 236, entitled
"Revised
judicature act of 1961,"
by
amending sections 518 and 8121 (MCL 600.518 and 600.8121),
section
518 as amended by 2006 PA 99 and section 8121 as amended by
2012
PA 37.
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, 2007.2015.
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
city of Westland and the city of 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 city of Westland and the city of 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 clerk of the city of Westland and the clerk of the
city
of 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 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 a
judge's
successor in office has been elected but before that
successor
takes office.
(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.
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.