November 4, 2003, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 504, 517, 518, 542, 549g, 803, 810a, 8117,
8142, 8162, and 8163 (MCL 600.504, 600.517, 600.518, 600.542,
600.549g, 600.803, 600.810a, 600.8117, 600.8142, 600.8162, and
600.8163), sections 504, 517, 803, and 810a as amended by 2002 PA
715, section 518 as amended by 2001 PA 256, section 542 as
amended by 1984 PA 95, section 549g as added by 1981 PA 182, and
section 8117 as amended by 1997 PA 161.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 504. (1) The
third judicial circuit consists of the
2 county of Wayne and has the following number of judges:
3 (a) Until 12 noon, January 1, 2003 2005, 64 63
judges.
4 (b) Beginning 12 noon, January 1, 2003, 63 judges; however
5 However, if , after 12 noon, January 1, 2003, a vacancy occurs
1 in a judgeship held by an incumbent judge of this circuit who
2 would be ineligible to seek reelection to that office in the
3 November 2004 general election, that judgeship is eliminated
4 unless the total
number of judgeships in this circuit has been
5 reduced to 61 before
that vacancy occurred and this
circuit
6 shall have 62 judges.
7 (b) (c) Beginning
12 noon, January 1, 2005, 61 62
8 judges.
9 Sec. 517. The sixteenth judicial circuit consists of the
10 county of Macomb and has 9 11 judges. Subject to
section 550,
11 this circuit may have 2
additional judges effective January 1,
12 2003, and 1 additional judge effective January 1, 2005. If
2
13 new offices of judge
are added to this circuit by election in
14 2002, the candidate
receiving the highest number of votes in the
15 November 2002 general
election shall be elected for a term of 8
16 years, and the
candidate receiving the second highest number of
17 votes shall be elected
for a term of 6 years. If a only
1 new
18 office of judge is added to this circuit by election in 2004, the
19 term of office of that judgeship for that election only shall be
20 8 years. Subject to section 550, this circuit may have 1
21 additional judge effective January 1, 2005. If 2 new offices of
22 judge are added to this circuit by election in 2004, the
23 candidate receiving the highest number of votes in the November
24 2004 general election shall be elected for a term of 8 years for
25 that election only, and the candidate receiving the second
26 highest number of votes shall be elected for a term of 6 years.
27 Sec. 518. The seventeenth judicial circuit consists of the
1 county of Kent and has 7 9 judges. Subject to
section 550,
2 this judicial circuit may
have 2 1 additional judges judge
3 effective January 1, 2003 2005.
4 Sec. 542. (1)
The Except as provided in subsection (2),
5 the forty-first judicial circuit consists of the counties of
6 Dickinson, Iron, and Menominee and has 1 judge. Subject to
7 section 550, this
circuit may have 1 additional judge effective
8 January 1, 1985. 2
judges.
9 (2) The forty-first judicial circuit shall have 1 judge on
10 the earlier of the following dates:
11 (a) The date on which a vacancy occurs in the office of
12 circuit judge in this judicial circuit.
13 (b) The beginning date of the term for which an incumbent
14 circuit judge in this judicial circuit no longer seeks reelection
15 to that office.
16 Sec. 549g. If
the county of Isabella approves the
17 reformation of the
twenty-first judicial circuit pursuant to law
18 and the counties of
Clare and Gladwin approve the creation of the
19 fifty-fifth judicial
circuit pursuant to law, the The
20 fifty-fifth judicial circuit consists of the counties of Clare
21 and Gladwin and has 1
judge. effective January
1, 1982. Subject
22 to section 550, this judicial circuit may have 1 additional judge
23 effective January 1, 2005.
24 Sec. 803. (1) Except as otherwise provided in this section,
25 each county which that
is not part of a probate court district
26 created pursuant to sections
808 to 810 or previously created
27 pursuant to law shall have at least 1 judge of probate.
1 (2) Each probate court district created pursuant to law shall
2 have 1 judge of probate.
3 (3) The counties of Berrien, Calhoun, Ingham, Monroe,
4 Muskegon, Saginaw, St. Clair, and Washtenaw shall each have 2
5 judges of probate.
6 (4) Until 12 noon, January 1, 2005, the county of Genesee
7 shall have 3 judges of probate; however, if, after 12 noon,
8 January 1, 2003, a vacancy occurs in the judgeship held by the
9 incumbent probate judge in Genesee county whose term of office
10 expires January 1, 2005 and who would be ineligible to seek
11 reelection to that office in 2004, that probate judgeship is
12 eliminated effective 12 noon, January 1, 2005. Beginning
13 12 noon, January 1, 2005, the county of Genesee shall have
14 2 judges of probate.
15 (5) Until 12 noon, January 1, 2005, the county of Macomb
16 shall have 3 judges of probate; however, if the incumbent probate
17 judge in Macomb county whose term of office as probate judge
18 expires on January 1, 2005 is elected in 2002 to the office of
19 circuit judge in the sixteenth judicial circuit for a term
20 beginning January 1, 2003, that probate judgeship is eliminated
21 effective 12 noon, January 1, 2005. Beginning 12 noon, January
22 1, 2005, the county of Macomb shall have 2 judges of probate.
23 (6) The county of Kalamazoo shall have 3 judges of probate.
24 (7) The county of Kent shall have 4 judges of probate.
25 (8) The county of Oakland shall have 4 judges of probate.
26 (9) The county of Wayne shall have the following number of
27 judges of probate:
1 (a) Until subdivision
(b) takes subdivisions (b) and (c)
2 take effect, the county of Wayne shall have 9 judges of probate.
3 (b) The county of Wayne shall have 8 judges of probate
4 beginning on the earliest of the following dates:
5 (i) Upon the occurrence of a vacancy in a judgeship held by
6 an incumbent probate judge in Wayne county whose term expires on
7 January 1, 2005 , or January 1, 2007 and who
would be
8 ineligible to seek
reelection to that office. in 2004.
9 (ii) Upon the expiration of the term of an incumbent probate
10 judge who is not eligible to seek reelection to that office.
11 (c) The county of Wayne shall have 7 judges of probate
12 beginning on the earliest of the following dates:
13 (i) Upon the occurrence of a vacancy in a judgeship held by
14 an incumbent probate judge in Wayne county whose term expires on
15 January 1, 2005 or January 1, 2007 and who would be ineligible to
16 seek reelection to that office if the total number of judgeships
17 has been reduced to 8 before that vacancy occurred.
18 (ii) Upon the expiration of the term of an incumbent probate
19 judge who is not eligible to seek reelection to that office if
20 the total number of judgeships has been reduced to 8 before that
21 term expired.
22 (10) When 1 or more new judges of probate are authorized in a
23 county pursuant to this section, the new judgeship or judgeships
24 shall appear on the ballot separate and apart from other judicial
25 offices of the same court in the primary and general election.
26 Sec. 810a. (1) The probate judges in the counties of
27 Arenac, Kalkaska,
Crawford, and Lake, and Iron
have the power,
1 authority, and title of a district judge within their respective
2 counties, in addition to the power, authority, and title of a
3 probate judge.
4 (2) Effective January 2, 2005, the probate judges in the
5 counties of Alcona, Missaukee, Montmorency, and Presque Isle have
6 the power, authority, and title of a district judge within their
7 respective counties, in addition to the power, authority, and
8 title of a probate judge.
9 (3) Effective January 2, 2007, the probate judges in the
10 counties of Benzie and Oscoda have the power, authority, and
11 title of a district judge within their respective counties, in
12 addition to the power, authority, and title of a probate judge.
13 (4) If the second probate court district has not been created
14 pursuant to section 807(b), the probate judges in the counties of
15 Gogebic and Ontonagon have the power, authority, and title of a
16 district judge within their respective counties, in addition to
17 the power, authority, and title of a probate judge on the date
18 the district judgeship in the ninety-eighth district is
19 eliminated pursuant to section 8163(2).
20 (5) If the first probate court district has not been created
21 pursuant to section 807(a), the probate judges in the counties of
22 Baraga, Houghton, and Keweenaw have the power, authority, and
23 title of a district judge within their respective counties, in
24 addition to the power, authority, and title of a probate judge on
25 the date the district judgeship in the ninety-seventh district is
26 eliminated pursuant to section 8162(2).
27 Sec. 8117. (1)
Except as provided in subsection (3), the
1 eighth district consists
of the county of Kalamazoo except the
2 cities of Kalamazoo
and Portage, is a district of the second
3 class, and has 2
judges.
4 (2) Except as
provided in subsection (3), the ninth district
5 consists of the cities
of Kalamazoo and Portage, is a district of
6 the third class, and
is divided into the following election
7 divisions:
8 (a) The first
division consists of the city of Kalamazoo and
9 has 4 judges.
10 (b) The second
division consists of the city of Portage and
11 has 1 judge.
12 (3) Effective January 1, 1999, if the county of Kalamazoo,
13 the city of Portage,
and the city of Kalamazoo have approved the
14 reformation of the
eighth district pursuant to law, the The
15 eighth district consists of the county of Kalamazoo, is a
16 district of the first class, and has 7 judges, and is divided
17 into 3 election divisions, as follows:
18 (a) The first division consists of the city of Kalamazoo and
19 has 4 judges. the
following number of judges:
20 (i) Until subparagraph (ii) takes effect, this election
21 division has 4 judges.
22 (ii) This election division has 3 judges beginning on the
23 earlier of the following dates:
24 (A) The date on which a vacancy occurs in the office of
25 district judge in this election division.
26 (B) The beginning date of the term for which an incumbent
27 district judge in this election division no longer seeks
1 reelection to that office.
2 (b) The second division consists of the city of Portage and
3 has 1 judge.
4 (c) The third division consists of the county of Kalamazoo
5 except the cities of Kalamazoo and Portage and has 2 judges.
6 Sec. 8142. The seventy-seventh district consists of the
7 counties of Mecosta and Osceola, is a district of the first class
8 and has 1 judge. Subject to section 8175, this district may have
9 1 additional judge effective January 1, 2005.
10 Sec. 8162. (1)
The Except as provided in subsection (2),
11 the ninety-seventh district consists of the counties of Houghton,
12 Keweenaw and Baraga, is a district of the first class and has 1
13 judge.
14 (2) If the first probate court district has not been created
15 pursuant to section 807(a), the judgeship in this district is
16 eliminated on the earlier of the following dates:
17 (a) The date on which a vacancy occurs in the office of
18 district judge in this district.
19 (b) The beginning date of the term for which the incumbent
20 district judge in this district no longer seeks reelection to
21 that office.
22 Sec. 8163. (1)
The Except as provided in subsection (2),
23 the ninety-eighth district consists of the counties of Ontonagon
24 and Gogebic, is a district of the first class and has 1 judge.
25 (2) If the second probate court district has not been created
26 pursuant to section 807(b), the judgeship in this district is
27 eliminated on the earlier of the following dates:
1 (a) The date on which a vacancy occurs in the office of
2 district judge in this district.
3 (b) The beginning date of the term for which the incumbent
4 district judge in this district no longer seeks reelection to
5 that office.