HOUSE BILL No. 6498


     November 7, 2002, Introduced by Reps. Howell and DeRossett and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending sections 504, 517, and 803 (MCL 600.504, 600.517, and

   600.803), section 504 as amended by 2001 PA 254, section 517 as

   amended by 2001 PA 257, and section 803 as amended by 2001 PA

   253.

               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, 64 judges.

 4
             (b) Beginning 12 noon, January 1, 2003,  and until 12 noon,

 5
        January 1, 2005,  63 judges; HOWEVER, IF, AFTER 12 NOON, JANUARY

 6
        1, 2003, A VACANCY OCCURS IN A JUDGESHIP HELD BY AN INCUMBENT

 7
        JUDGE OF THIS CIRCUIT WHO WOULD BE INELIGIBLE TO SEEK REELECTION

 8
        TO THAT OFFICE IN 2004, THAT JUDGESHIP IS ELIMINATED UNLESS THE


   03701'01                                                 DRM                                   2

 1
        TOTAL NUMBER OF JUDGESHIPS IN THIS CIRCUIT HAS BEEN REDUCED TO 61

 2
        BEFORE THAT VACANCY OCCURRED.

 3
             (c) Beginning 12 noon, January 1, 2005, 61 judges.

 4
             Sec. 517.  The sixteenth judicial circuit consists of the

 5
        county of Macomb and has 9 judges.  Subject to section 550, this

 6
        circuit may have 2 additional judges effective January 1, 2003,

 7
        AND 1 ADDITIONAL JUDGE EFFECTIVE JANUARY 1, 2005.  If 2 new

 8
        offices of judge are added to this circuit by election in 2002,

 9
        the candidate receiving the highest number of votes in the

10
        November 2002 general election shall be elected for a term of 8

11
        years, and the candidate receiving the second highest number of

12
        votes shall be elected for a term of 6 years.  IF A NEW OFFICE OF

13
        JUDGE IS ADDED TO THIS CIRCUIT BY ELECTION IN 2004, THE CANDIDATE

14
        RECEIVING THE HIGHEST NUMBER OF VOTES IN THE NOVEMBER 2004 GEN-

15
        ERAL ELECTION SHALL BE ELECTED FOR A TERM OF 8 YEARS.

16
             Sec. 803.  (1) Except as otherwise provided in this section,

17
        each county which is not part of a probate court district created

18
        pursuant to sections 808 to 810 or previously created pursuant to

19
        law shall have at least 1 judge of probate.

20
             (2) Each probate court district created pursuant to law

21
        shall have 1 judge of probate.

22
             (3) The counties of Berrien, Calhoun, Ingham, Monroe,

23
        Muskegon, Saginaw, St. Clair, and Washtenaw shall each have 2

24
        judges of probate.

25
             (4) UNTIL 12 NOON, JANUARY 1, 2005, THE COUNTY OF GENESEE

26
        SHALL HAVE 3 JUDGES OF PROBATE; HOWEVER, IF, AFTER 12 NOON,

27
        JANUARY 1, 2003, A VACANCY OCCURS IN THE JUDGESHIP HELD BY THE



   03701'01                                   3

 1
        INCUMBENT PROBATE JUDGE IN GENESEE COUNTY WHOSE TERM OF OFFICE

 2
        EXPIRES JANUARY 1, 2005 AND WHO WOULD BE INELIGIBLE TO SEEK

 3
        REELECTION TO THAT OFFICE IN 2004, THAT JUDGESHIP IS ELIMINATED.

 4
        Beginning 12 noon, January 1, 2005, the county of Genesee shall

 5
        have 2 judges of probate.

 6
             (5)  (4) The counties  UNTIL 12 NOON, JANUARY 1, 2005, THE

 7
        COUNTY of Macomb  and  SHALL HAVE 3 JUDGES OF PROBATE; HOWEVER,

 8
        IF THE INCUMBENT PROBATE JUDGE IN MACOMB COUNTY WHOSE TERM OF

 9
        OFFICE AS PROBATE JUDGE EXPIRES ON JANUARY 1, 2005 IS ELECTED IN

10
        2002 TO THE OFFICE OF CIRCUIT JUDGE IN THE SIXTEENTH JUDICIAL

11
        CIRCUIT FOR A TERM BEGINNING JANUARY 1, 2003, THAT PROBATE JUDGE-

12
        SHIP IS ELIMINATED EFFECTIVE 12 NOON, JANUARY 1, 2005.  BEGINNING

13
        12 NOON, JANUARY 1, 2005, THE COUNTY OF MACOMB SHALL HAVE 2

14
        JUDGES OF PROBATE.

15
             (6) THE COUNTY OF Kalamazoo shall  each  have 3 judges of

16
        probate.  Until 12 noon, January 1, 2005, the county of Genesee

17
        shall have 3 judges of probate.

18
             (7)  (5)  The county of Kent shall have 4 judges of

19
        probate.

20
             (8)  (6)  The county of Oakland shall have 4 judges of

21
        probate.

22
             (9)  (7)  The county of Wayne shall have the following

23
        number of judges of probate:

24
             (a) Until subdivision (b) takes effect, the county of Wayne

25
        shall have 9 judges of probate.

26
             (b) The county of Wayne shall have 8 judges of probate

27
        beginning on the earliest of the following dates:



   03701'01                                   4

 1
             (i) Upon the  expiration of the term of an incumbent probate

 2
        judge who is eligible to seek reelection but who does not file by

 3
        affidavit to seek reelection to that office or who withdraws

 4
        within 3 days after filing by affidavit to seek reelection to

 5
        that office  OCCURRENCE OF A VACANCY IN A JUDGESHIP HELD BY AN

 6
        INCUMBENT PROBATE JUDGE IN WAYNE COUNTY WHOSE TERM EXPIRES ON

 7
        JANUARY 1, 2005, AND WHO WOULD BE INELIGIBLE TO SEEK REELECTION

 8
        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
             (10)  (8)  When 1 or more new judges of probate are autho-

12
        rized in a county pursuant to this section, the new judgeship or

13
        judgeships shall appear on the ballot separate and apart from

14
        other judicial offices of the same court in the primary and gen-

15
        eral election.



























   03701'01          Final page.                            DRM