HB-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.