[Title]

JRR: ELIMINATION/CONSOLIDATION

OF TRIAL COURT JUDGESHIPS

House Bill 5071 with committee amendment

House Bill 5101 (Substitute H-1)

Sponsor: Rep. John Walsh

House Bill 5072 with committee amendment

House Bill 5102 (Substitute H-2)

Sponsor: Rep. Kurt Heise

House Bill 5073 as introduced

House Bill 5105 (Substitute H-2)

Sponsor: Rep. Kevin Cotter

House Bill 5074 as introduced

House Bill 5104 as introduced

Sponsor: Rep. Pat Somerville

House Bill 5075 with committee amendment

House Bill 5107 (Substitute H-1)

Sponsor: Rep. Peter Pettalia

House Bill 5093 as introduced

Sponsor: Rep. Kate Segal

House Bill 5094 with committee amendment

Sponsor: Rep. Stacey Erwin Oakes

House Bill 5095 as introduced

Sponsor: Rep. Roy Schmidt

House Bill 5103 (Substitute H-7)

Sponsor: Rep. David Rutledge

House Bill 5106 as introduced

Sponsor: Rep. Philip M. Cavanagh

House Bill 5108 (Substitute H-1)

Sponsor: Rep. Jeff Irwin

Committee: Judiciary

Complete to 12-8-11

A SUMMARY OF HOUSE BILLS 5071-5075, 5093-5095, AND 5101-5108 AS REPORTED FROM COMMITTEE 12-7-11

The bill package would amend various sections of the Revised Judicature Act to eliminate judgeships from certain district, probate, and circuit courts; merge or consolidate certain judicial circuits; and shift the duties of some district judges to a county's probate judge.

In order to monitor judicial costs and caseloads, the State Court Administrative Office (SCAO) reviews the state's judicial needs every two years and compiles the findings in the Judicial Resources Recommendations (JRR). The report provides recommendations regarding the addition or removal of judgeships so that judicial resources are equitably distributed across the state. The 2011 JRR report recommends a total of 45 judgeships be eliminated by attrition.

A series of bills have been introduced to adopt the recommendations outlined in the JRR report regarding the trial courts (district, circuit, and probate). As reported by committee, the bills would eliminate a total of 43 judgeships across the state.

In general, the reductions or consolidations would take effect on the date on which a vacancy occurred or the beginning date of the term for which an incumbent no longer sought election or reelection to that office, whichever occurred first. Judges are not eligible to run for election or reelection after the age of 70.

In addition, by statute, each county that is not part of a probate court district must have at least one probate judge, and each probate court district must have one judge of probate. Some of the bills would eliminate one or more district court judgeships and shift those duties to the probate judge of the county or probate court district.

Counties Affected by the Legislation

The counties and cities affected by the legislative package are listed in the chart on the next page. Those counties not listed would not have any changes made to the judgeships in their jurisdictions. The number of the Circuit or District Court is listed next to the county, city, or township.

[Please see the PDF version of this analysis, if available, to view this image.]

HB 5071

13th Circuit,

86th District

Antrim, Grand Traverse, and Leelanau Counties

Current Judgeships

2 Circuit

3 Probate

3 District

Judicial Resources Recommendation: Judicial Excess of 0.6 Probate/Circuit judges and 0.9 District Judges. The report recommends removing one judgeship by attrition.

Proposal: Eliminate one District judgeship.

Outside Date of Judgeship Removal: 2019

28th Circuit,

84th District

Wexford and Missaukee Counties

Current Judgeships

1 Circuit

2 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 1.1 Circuit/Probate Judges, recommendation to remove one judgeship.

The bill would eliminate the District judgeship; Probate judges in each county would serve as that county's District judge.

Outside Date of Judgeship Removal: 2021

HB 5072

11th Circuit,

92nd/93rd District

Alger and Schoolcraft Counties

Current Judgeships

1 Circuit

2 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of 1.3 Probate/Circuit judges and 1.4 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate the District judgeship from the 93rd District; the probate judge from the 5th probate district would serve as district judge for Alger and Schoolcraft Counties.

Outside Date of Judgeship Removal: 2027

12th Circuit,

97th District

Houghton, Keweenaw, and Baraga Counties

Current Judgeships

1 Circuit

2.5 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 2.0 Probate/Circuit judges and 0.5 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate the District judgeship, probate judges in each county assume the responsibilities of District judge for their respective counties.

Outside Date of Judgeship Removal: 2027

32nd Circuit,

98th District

Gogebic and Ontonagon Counties

Current Judgeships

1 Circuit

2 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 2.0 Probate/Circuit judges and 0.6 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate the District judgeship, probate judges in each county would assume the responsibilities of district judge for their respective counties.

Outside Date of Judgeship Removal: 2015

HB 5073

54A District

City of Lansing

Current Judgeships

5 District

Judicial Resources Recommendation: Judicial Excess of 1.0 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one District judgeship.

Outside Date of Judgeship Removal: 2015

68th District

City of Flint

Current Judgeships

5 District

Judicial Resources Recommendation: Judicial Excess of 1.6 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one District judgeship.

Outside Date of Judgeship Removal: 2021

HB 5074

35th Circuit,

66th District

Shiawassee County

Current Judgeships

1 Circuit

1 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of .9 Probate/Circuit judges and a judicial need of 0.2 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one District judgeship.

Outside Date of Judgeship Removal: 2021

HB 5075

27th Circuit,

78th District

Newaygo and Oceana Counties

Current Judgeships

2 Circuit

2 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 1.3 Probate/Circuit judges and 0.3 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one Circuit judgeship.

Outside Date of Judgeship Removal: 2015

51st Circuit,

79th District

Lake and Mason Counties

Current Judgeships

1 Circuit

2 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 1.3 Probate/Circuit judges and 0.3 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate the District judgeship, probate judges in each county would assume the responsibilities of district judge for their respective counties.

Outside Date of Judgeship Removal: 2015

HB 5093

9th Circuit,

8th District

Kalamazoo County

Current Judgeships

5 Circuit

3 Probate

7 District

Judicial Resources Recommendation: Judicial Excess of 0.5 Probate/Circuit judges and 0.4 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one Probate judgeship

Outside Date of Judgeship Removal: 2015

36th Circuit,

7th District

Van Buren County

Current Judgeships

2 Circuit

1 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of 0.4 Probate/Circuit judges and 0.3 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one District judgeship.

Outside Date of Judgeship Removal: 2023

HB 5094

26th Circuit,

88th District

Alpena and Montmorency Counties

Current Judgeships

1 Circuit

2 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 1.1 Probate/Circuit judges and 0.3 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate the only District judgeship; probate judges from Alpena and Montmorency Counties will serve as their respective county's district judge.

Outside Date of Judgeship Removal: 2015

46th Circuit,

87A District

Crawford, Kalkaska, and Otsego Counties

Current Judgeships

2 Circuit

3 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 1.5 Probate/Circuit judges and a judicial need of 0.1 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate the only District judgeship; designate the Otsego County Probate judge to serve as district judge for the 87th-A District.

Outside Date of Judgeship Removal: 2021

Note: This district judge only serves Otsego County. The remaining districts under the 46th Circuit, 87B and 87C, are already served by their respective probate judges.

53rd Circuit,

89th District

Cheboygan and Presque Isle Counties

Current Judgeships

1 Circuit

2 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 0.7 Probate/Circuit judges and 0.4 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate the only District judgeship; probate judges from Cheboygan and Presque Isle Counties will serve as their respective county's district judge.

Outside Date of Judgeship Removal: 2039

HB 5095

41st Circuit,

95A, 95B District

Dickinson, Iron, and Menominee Counties

Current Judgeships

2 Circuit

3 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of 2.3 Probate/Circuit judges and 1.0 District Judges. The report recommends removing two judgeships by attrition.

The bill would eliminate one Circuit judgeship. The bill would also eliminate the District judgeship for Menominee County and designate the Menominee county Probate judge to serve as district judge for Menominee County.

Outside Date of Judgeship Removal: 2021 for both Circuit and District judges.

Note: The Probate judge in Iron County already serves as that county's District judge.

HB 5101

23rd Circuit,

81st District

Alcona, Arenac, Iosco, and Oscoda Counties

Current Judgeships

2 Circuit

4 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 2.8 Probate/Circuit judges with a judicial need of 0.1 District Judges. The JRR recommends removing two judgeships by attrition.

The bill would eliminate one Circuit judgeship; eliminate the only District judgeship and designate the probate judges in each county to serve as district judges.

Outside Date of Judgeship Removal: 2021 for Circuit judgeship, 2033 for District judgeship.

34th Circuit,

82nd/83rd District

Ogemaw and Roscommon Counties

Current Judgeships

1 Circuit

2 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of 1.1 Probate/Circuit judges and 0.6 District Judges. The report recommends removing one judgeship by attrition.

The bill would merge the 82nd and 83rd District courts to eliminate one District judgeship.

Outside Date of Judgeship Removal: 2021

HB 5102

52nd Circuit,

73B District

Huron County

Current Judgeships

1 Circuit

1 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 0.8 Probate/Circuit judges and 0.5 District Judges. The report recommends removing one judgeship by attrition.

The bill would designate the Huron County District judge as a Probate judge; eliminate the only District judgeship as of April 1, 2012.

Outside Date of Judgeship Removal: 2015

HB 5103

25th District

City of Lincoln Park

Current Judgeships

2 District

Judicial Resources Recommendation: Judicial Excess of 0.7 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one District judgeship. (House Bill 5105 would merge the 25th and 26th District Courts and eliminate one District judgeship.)

Outside Date of Judgeship Removal: 2027

43rd/44th District

Royal Oak, Ferndale, Hazel Park, and Madison Heights

Current Judgeships

5 District

Judicial Resources Recommendation:

For 43rd District: Excess of 0.5 District judgeships

For 44th District: Excess of 0.6 District judgeships

The report recommends merging these two districts and eliminating one judgeship by attrition.

The bill would merge the 44th District with the 43rd as of January 2, 2015, and eliminate one District Judge.

Outside Date of Judgeship Removal: 2021

Note: This proposal involves a merger of multiple district courts unless the combined districts' funding units adopt a consolidation plan approved by the State Court Administrative Office before July 1, 2012.

45th-A/45th-B District

Berkley, Oak Park, and Huntington Woods

Current Judgeships

3 District

Judicial Resources Recommendation:

For 45th-A District: Excess of 0.6 District judgeships

For 45th-B District: Excess of 0.5 District judgeships

The report recommends merging these two districts and eliminating one judgeship by attrition.

The bill would merge the 45th-A District with the 45th-B as of January 2, 2012, and eliminate one District Judge.

Outside Date of Judgeship Removal: 2021

48th District

Birmingham and West Bloomfield Twp.

Current Judgeships

3 District

Judicial Resources Recommendation: Judicial Excess of 0.7 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one District judgeship.

Outside Date of Judgeship Removal: 2033

50th District

City of Pontiac

Current Judgeships

4 District

Judicial Resources Recommendation: Judicial Excess of 1.8 District Judges. The report recommends removing two judgeships by attrition. However, based on additional data showing an increased caseload since the Oakland County Sheriff's Department took over the Pontiac Police Department, SCAO revised the recommendation to remove just one judgeship.

Proposal: Eliminate one District judgeship.

Outside Dates of Elimination: 2023

HB 5104

18th Circuit,

74th District

Bay County

Current Judgeships

3 Circuit

1 Probate

3 District

Judicial Resources Recommendation: Judicial Excess of 0.7 Probate/Circuit judges and 1.0 District Judges. The report recommends removing two judgeships by attrition.

The bill would eliminate one Circuit judgeship and one District judgeship.

Outside Date of Judgeship Removal: 2021 for Circuit, 2029 for District

HB 5105

19th Circuit

Benzie and Manistee Counties

Current Judgeships

1 Circuit

2 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 1.2 Circuit/Probate and 0.1 District judges. The report recommends removing one judgeship by attrition.

The bill would eliminate a currently vacant District judgeship and designate the probate judges to serve as district judges in their respective counties.

Outside Date of Judgeship Removal: Immediate

3rd Circuit

Wayne County

Current Judgeships

61 Circuit

8 Probate

Judicial Resources Recommendation: Judicial Excess of 0.1 Probate/Circuit judges. The report recommends removing one judgeship by attrition.

The bill would eliminate two Circuit judgeships as of January 1, 2013.

Outside Date of Judgeship Removal: 2013

52nd District

Outer Oakland County

Current Judgeships

11 District

Judicial Resources Recommendation: Judicial Excess of 1.7 District judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one District judgeship from the fourth division of the 52nd District (Troy and Clawson).

Outside Date of Judgeship Removal: 2013

25th/26th District

Ecorse and River Rouge

Current Judgeships

4 District

Judicial Resources Recommendation: Judicial Excess of 1.5 District Judges

The bill would merge the 25th and 26th District Courts and eliminate one District judgeship. (House Bill 5103 would eliminate one District judgeship from 25th District Court but would not merge the two courts.)

Outside Date of Judgeship Removal: Immediate

24th Circuit

Sanilac County

Current Judgeships

1 Circuit

1 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 0.4 Circuit/Probate and 0.4 District judges. The report recommends removing one judgeship by attrition.

The bill would eliminate a currently vacant Probate judgeship and designate the district judge as a probate judge.

Outside Date of Judgeship Removal: Immediate

29th Circuit/65th B District

Gratiot County

Current Judgeships

2 Circuit

2 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of 1.4 Circuit/Probate and 0 District judges. The report recommends removing one judgeship by attrition.

The bill would eliminate a currently vacant judgeship.

Outside Date of Judgeship Removal: Immediate

40th Circuit,

71A District

Lapeer County

Current Judgeships

2 Circuit

1 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of 0.7 Probate/Circuit judges and 0.6 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate one District judgeship as of January 1, 2013.

Outside Date of Judgeship Removal: 2013

37th Circuit

Calhoun County

Current Judgeships

4 Circuit

2 Probate

4 District

Judicial Resources Recommendation: Judicial Excess of 0.8 Circuit/Probate and 0.1 District judges. The report recommends removing one judgeship by attrition.

The bill would eliminate a currently vacant judgeship.

Outside Date of Judgeship Removal: Immediate

HB 5106

25th Circuit,

96th District

Marquette County

Current Judgeships

2 Circuit

1 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of 1.3 Probate/Circuit judges and 0.9 District Judges. The report recommends removing two judgeships by attrition.

The bill would eliminate one District and one Circuit judgeship.

Outside Date of Judgeship Removal: 2023 for Circuit, 2015 for District.

HB 5107

42nd Circuit,

75th District

Midland County

Current Judgeships

2 Circuit

1 Probate

2 District

Judicial Resources Recommendation: Judicial Excess of 0.9 Probate/Circuit judges and 0.9 District Judges. The report recommends removing two judgeships by attrition.

The bill would eliminate one District judgeship.

Outside Date of Judgeship Removal: 2021.

HB 5108

1st Circuit,

2B District

Hillsdale County

Current Judgeships

1 Circuit

1 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 0.7 Probate/Circuit judges and 0.2 District Judges. The report recommends removing one judgeship by attrition.

The bill would eliminate the District judgeship as of January 1, 2015 and designate the Probate judge to serve as a District Judge.

Outside Date of Judgeship Removal: 2015

47th Circuit,

94th District

Delta County

Current Judgeships

1 Circuit

1 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 1.0 Probate/Circuit judges and 0.3 District Judges. The report recommends removing one judgeship by attrition.

The bill would combine the office of the Probate judge with the office of the District Judge as of April 1, 2012 and eliminate one Probate judgeship.

Outside Date of Judgeship Removal: 2017

50th Circuit,

91st District

Chippewa County

Current Judgeships

1 Circuit

1 Probate

1 District

Judicial Resources Recommendation: Judicial Excess of 0.4 Probate/Circuit judges and 0.4 District Judges. The report recommends removing one judgeship by attrition.

The bill would combine the office of the Probate judge with the office of the District Judge as of April 1, 2012 and eliminate one Probate judgeship.

Outside Date of Judgeship Removal: 2019

FISCAL IMPACT:

Estimated Fiscal Impact

Both State and Local governments have significant financial investments in Michigan's justice system. The State of Michigan spends approximately $94 million on justice and judge compensation, most of which is paid to District, Circuit, and Probate judges. This responsibility from the state includes the judge's salary, employer required retirement contributions, and the employer portion of FICA taxes, totaling approximately $158,000 for a circuit or probate judge and $156,500 for a district judge.

While local governments do not pay the judges themselves, they are responsible for the costs related to supporting these justices, hiring any additional staff, and maintaining courthouses and judicial offices. These costs could be indirectly affected by the elimination of judgeships, as these courts may require fewer resources to accommodate a reduced number of judges. Savings could be realized in reduced staff, office space, or technology. Current spending on these resources varies widely by district, so the potential savings differ widely in each scenario.

If all 43 of the proposed eliminations are passed by the legislature, the total savings for the state government would be about $6.7 million per year once all judgeships are eliminated. This would take course over several years, and savings would only be realized as each judge steps down or retires from his or her position. Judges become ineligible for reelection when they turn 70 years old, making the end of their current term their judgeship's outside date for elimination. This outside date is the latest time a judgeship may be eliminated, though the actual date may be significantly earlier. Judges often elect to not run for reelection once they are eligible for retirement, which can occur many years before they turn 70, depending on the number of years they have served.

Some court Districts are also required to merge under this legislation. These courts may also face indeterminate costs or savings related to merging their operations. Potential cost savings could rise from sharing facilities and resources. These savings would benefit local governments beyond the savings that are already realized from any reduced resources needed due to eliminated judgeships. Additionally, these merged court districts would be able to share workloads, which may reduce court congestion.

Both short- and long-term costs could partially or fully offset these savings, potentially resulting in higher average costs after a merger. Examples of potential costs include merging of computer systems, increased travel time for law enforcement and prosecutors, and reconciliation of differing labor agreements. The amount of these costs and whether or not they would outweigh the potential savings will vary by court district.

The table that follows estimates the cost savings to the State over the first decade after these judgeships are eliminated by legislation, based on outside dates of judgeship elimination. According to these estimates, about $4.9 million of the $6.7 million saved by eliminating these judgeships will be realized by the end of 2021. Further savings may be realized by this date, with these additional savings depending on if other judges choose to step down or not run for reelection before this date.

[Please see the PDF version of this analysis, if available, to view this image.]

POSITIONS:

Representatives of the Michigan Judges Association, Michigan District Judges, and Michigan Probate Judges Association testified in support of the bill package. (12-1-11)

Representatives of the Supreme Court Administrative Office (SCAO) testified in support of the bill package. (12-1-11)

A representative of the Office of Governor indicated support for the bills. (10-20-11)

A representative of the 34th Circuit Court testified in opposition to House Bills 5071 and 5101 as introduced. (12-1-11)

The Van Buren County Prosecuting Attorney indicated opposition to House Bill 5093. (12-7-11)

A representative of the Kalamazoo County Probate Court indicated opposition to House Bill 5093. (12-7-11)

Representatives of the Kalamazoo County Probate Court and the Probate Court Register and Administrator testified in opposition to House Bill 5093. (10-27-11)

A representative of the Kalamazoo District Court testified with a neutral position on House Bill 5093. (10-27-11)

Representatives of the Huron County Circuit Court indicated support for House Bill 5102 (Substitute H-2), and testified in opposition to the bill as introduced. (12-7-11 and 11-3-11).

The Sanilac County Prosecutor testified in support of House Bill 5102 as introduced. (11-3-11)

A representative of the 24th Circuit Court testified in support of House Bill 5102 as introduced. (11-3-11)

A representative of the Huron County Probate Court testified in opposition to House Bill 5102 as introduced. (11-3-11)

Representatives of the City of Pontiac testified in opposition to House Bill 5103 as introduced. (12-1-11)

The City of Berkeley submitted written testimony supporting merging District Courts 45 A & B (House Bill 5103), and asked for additional language allowing consolidating municipalities to negotiate agreements within their communities to allow for feasible docket management and fiscal efficiencies (which was added by the committee sub). (10-27-11)

The city manager of Hazel Park and the police chief from the Hazel Park Police Department testified in opposition to House Bill 5103 as introduced. (10-27-11)

The Ferndale city manager and the chief of police testified in opposition to House Bill 5103 as introduced. (10-27-11)

The chief judge of the 50th District Court (Pontiac) testified in opposition to House Bill 5103 as introduced. (The committee substitute would eliminate only one judgeship, instead of two.) (10-27-11)

Representatives of the Bay County Bar Association, Bay County, and Bay County Prosecutor's Office testified in opposition to House Bill 5104. (11-3-11)

Representatives of Lapeer County testified in opposition to House Bill 5105 as introduced. (10-27-11)

Representatives of Hillsdale County testified in opposition to House Bill 5108 as introduced. (11-3-11)

Legislative Analyst: Susan Stutzky

Fiscal Analyst: Erik Jonasson

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.