October 31, 2013, Introduced by Reps. Cotter and Walsh and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 518, 8115, and 8121 (MCL 600.518, 600.8115,
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.
8115. (1) The Except
as provided in subsection (2), the
fifth district consists of the county of Berrien, is a district of
the first class, and has 5 judges.
(2) Beginning on the earlier of the following dates, the fifth
district has 4 judges:
(a) The date on which a vacancy occurs in the office of
district judge in the fifth district, unless the vacancy occurs
after a judge's successor in office has been elected but before
that successor takes office.
(b) The beginning date of the term for which an incumbent
district judge in the fifth 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 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. 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) (12)
The twenty-seventh district
consists of the cities
of Wyandotte and Riverview, is a district of the third class, and
has 1 judge.
(12) (13)
The Except as otherwise
provided in this subsection,
the twenty-eighth district consists of the city of Southgate, is a
district of the third class, and has 1 judge. If the governing
bodies of the cities of Southgate, Trenton, Gibraltar, Woodhaven,
Rockwood, and Flat Rock and the townships of Brownstown and Grosse
Ile in the county of Wayne approve by resolutions the consolidation
of the twenty-eighth and thirty-third districts prior to January 1,
2016, all of the following apply beginning January 1, 2016:
(a) The thirty-third district is abolished and the twenty-
eighth district consists of the cities of Southgate, Trenton,
Gibraltar, Woodhaven, Rockwood, and Flat Rock and the townships of
Brownstown and Grosse Ile, is a district of the third class, and
has 4 judges. The additional judgeships in the twenty-eighth
district shall be filled by the incumbent judges of the thirty-
third district, who shall become judges of the twenty-eighth
district for the balance of the term to which they were elected or
appointed. Beginning on the earlier of the following dates, the
twenty-eighth district shall have 3 judges:
(i) The date on which a vacancy occurs in the office of
district judge in the twenty-eighth 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 the twenty-eighth district no longer seeks
election or reelection to that office.
(b) The clerks of the cities of Southgate, Trenton, Gibraltar,
Woodhaven, Rockwood, and Flat Rock, the clerk of the township of
Redford, and the clerks of the townships of Brownstown and Grosse
Ile 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.
(c) By proposing or authorizing the consolidation of the
twenty-eighth and thirty-third 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.
(13) (14)
The twenty-ninth district consists
of the city of
Wayne, is a district of the third class, and has 1 judge.
(14) (15)
The thirtieth district consists of
the city of
Highland Park, is a district of the third class, and has 1 judge.
(15) (16)
The thirty-first district consists
of the city of
Hamtramck, is a district of the third class, and has 1 judge.
(16) (17)
The thirty-second-a district
consists of the city of
Harper Woods, is a district of the third class, and has 1 judge.
(17) (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.
(18) (19)
The Except as provided in
subsection (12), 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.
(19) (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.
(20) (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.