HB-5105, As Passed Senate, December 15, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 5105

(As amended December 15, 2011)

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 504, 803, 805, 810a, 8121, 8123, 8132, 8136,

8138, and 8150 (MCL 600.504, 600.803, 600.805, 600.810a, 600.8121,

600.8123, 600.8132, 600.8136, 600.8138, and 600.8150), sections 504

and 803 as amended by 2002 PA 715, section 805 as amended by 1988

PA 134, section 810a as amended by 2004 PA 492, section 8121 as

amended by 2001 PA 258, section 8123 as amended by 2000 PA 448,

section 8132 as amended by 1998 PA 47, and section 8138 as amended

by 1998 PA 46.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 504. (1) The third judicial circuit consists of the

county of Wayne and has the following number of judges:

     (a) Until 12 noon, January 1, 2003, 2013, 64 61 judges.

     (b) Beginning 12 noon, January 1, 2003, 2013, 63 <<60>> judges. ;

House Bill No. 5105 (H-2) as amended December 7, 2011

                          as amended December 15, 2011

however, if, after 12 noon, January 1, 2003, a vacancy occurs in a

judgeship held by an incumbent judge of this circuit who would be

ineligible to seek reelection to that office in 2004, that

judgeship is eliminated unless the total number of judgeships in

this circuit has been reduced to 61 before that vacancy occurred.

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

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

each county which that is not part of a probate court district

created pursuant to sections 808 to 810 or previously created

pursuant to law shall have at least by law has 1 judge of probate.

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

shall have has 1 judge of probate.

     (3) The county of Sanilac has 1 judge of probate. [

] under section 15 of article VI of the state

constitution of 1963, the office of probate judge for the county of

Sanilac shall be combined with the office of judge of the seventy-

third-a judicial district, and the incumbent judge of the seventy-

third-a judicial district shall become the probate judge for the

county of Sanilac for the balance of the term to which he or she

was elected.

<<

House Bill No. 5105 as amended December 15, 2011

(4)>> (3) The counties of Berrien, Calhoun Genesee, Ingham,

Macomb, Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw shall

each have has 2 judges of probate.

     (4) Until 12 noon, January 1, 2005, the county of Genesee

shall have 3 judges of probate; however, if, after 12 noon, January

1, 2003, a vacancy occurs in the judgeship held by the incumbent

probate judge in Genesee county whose term of office expires

January 1, 2005 and who would be ineligible to seek reelection to

that office in 2004, that probate judgeship is eliminated effective

12 noon, January 1, 2005. Beginning 12 noon, January 1, 2005, the

county of Genesee shall have 2 judges of probate.

     (5) Until 12 noon, January 1, 2005, the county of Macomb shall

have 3 judges of probate; however, if the incumbent probate judge

in Macomb county whose term of office as probate judge expires on

January 1, 2005 is elected in 2002 to the office of circuit judge

in the sixteenth judicial circuit for a term beginning January 1,

2003, that probate judgeship is eliminated effective 12 noon,

January 1, 2005. Beginning 12 noon, January 1, 2005, the county of

Macomb shall have 2 judges of probate.

<<(5)(6)>> The county of Kalamazoo shall have has 3 judges of

House Bill No. 5105 as amended December 15, 2011

probate.

<<(6)(7)>> The county of Kent shall have has 4 judges of probate.

<<(7)(8)>> The county of Oakland shall have has 4 judges of

probate.

<<(8)(9)>> The county of Wayne shall have the following number of

judges of probate:

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

shall have 9 judges of probate.

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

beginning on the earliest of the following dates:

     (i) Upon the occurrence of a vacancy in a judgeship held by an

incumbent probate judge in Wayne county whose term expires on

January 1, 2005, and who would be ineligible to seek reelection to

that office in 2004.

     (ii) Upon the expiration of the term of an incumbent probate

judge who is not eligible to seek reelection to that office.

<<(9)(10)>> When 1 or more new judges of probate are authorized

in a

county pursuant to under this section, the new judgeship or

judgeships shall appear on the ballot separate and apart from other

judicial offices of the same court in the primary and general

election.

     Sec. 805. (1) The additional judges of probate permitted by

section 803 shall not be authorized to be filled by election unless

the county, by resolution adopted by the county board of

commissioners, approves the creation of that judgeship and unless

the clerk of that county files a copy of the resolution with the

state court administrator not later than 4 p.m. of the thirteenth

Tuesday preceding the August primary for the election to fill the

additional judge of probate. The state court administrator shall

immediately notify the county clerk with respect to any new judge

of probate authorized for that county pursuant to under this

subsection.

     (2) By permitting an additional judgeship, the legislature is

not creating that judgeship. If a county, acting through its board

of commissioners, approves the creation of an additional judge of

probate, that approval constitutes an exercise of the county's

option to provide a new activity or service or to increase the

level of activity or service offered in the county beyond that

required by existing law, as the elements of that option are

defined by Act No. 101 of the Public Acts of 1979, being sections

21.231 to 21.244 of the Michigan Compiled Laws 1979 PA 101, MCL

21.231 to 21.244, and a voluntary acceptance by the county of all

expenses and capital improvements which that may result from the

creation of the judgeship. However, the exercise of the option does

not affect the state's obligation to pay the same portion of the

additional judge's salary which that is paid by the state to the

other judges of probate of the same county, or to appropriate and

disburse funds to the county for the necessary costs of state

requirements established by a state law which becomes effective

that takes effect on or after December 23, 1978.

     (3) Each additional judgeship created pursuant to under

subsection (1) shall be filled by election pursuant to under the

Michigan election law, Act No. 116 of the Public Acts of 1954, as

amended, being sections 168.1 to 168.992 of the Michigan Compiled

Laws 1954 PA 116, MCL 168.1 to 168.992. The first term of each

House Bill No. 5105 (H-2) as amended December 7, 2011

additional judgeship shall be 6 years unless the law permitting the

additional judgeship provides for a term of a different length.

     (4) A combination of the office of probate judge with a

judicial office of limited jurisdiction within a county under

section 15 of article VI of the state constitution of 1963 that

does not result in an increase in the total number of trial

judgeships in the county does not require a resolution of approval

by the county board of commissioners under this section.

     Sec. 810a. (1) The probate judges in the counties of Arenac,

Kalkaska, Crawford, Lake, Iron, and Ontonagon have the

jurisdiction, powers, duties, and title of a district judge within

their respective counties, in addition to the jurisdiction, powers,

duties, and title of a probate judge.

     (2) Beginning January 2, 2007, in addition to the probate

judges described in subsection (1), the probate judges in the

counties of Alcona, Baraga, Benzie, Missaukee, Montmorency, Oscoda,

and Presque Isle have the jurisdiction, powers, duties, and title

of a district judge within their respective counties, in addition

to the jurisdiction, powers, duties, and title of a probate judge.

     (3) [ ] in counties where the only

district judgeship is being eliminated and the section in chapter

81 that governs that district court district provides that this

section applies, the probate judge in that county shall have the

jurisdiction, powers, duties, and title of a district judge within

that county, in addition to the jurisdiction, powers, duties, and

title of a probate judge.

     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 April 1,

2012 reformation of the twenty-fifth district.

     (11) The twenty-sixth district consists of the cities of River

Rouge and Ecorse, is a district of the third class, and is divided

into the following election divisions:

     (a) The first division consists of the city of River Rouge and

has 1 judge.

     (b) The second division consists of the city of Ecorse 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.

     (12) The twenty-seventh district consists of the following, as

applicable:

     (a) Until January 1, 2003 or until a vacancy occurs in a

judgeship in the twenty-seventh district, whichever occurs first,

the twenty-seventh district consists of the cities of Wyandotte and

Riverview, is a district of the third class, and is divided into

the following election divisions:

     (i) The first division consists of the city of Wyandotte and

has 1 judge.

     (ii) The second division consists of the city of Riverview and

has 1 judge.

     (b) Beginning January 1, 2003 or the date on which a vacancy

occurs in a judgeship in the twenty-seventh district, whichever

occurs first, the twenty-seventh district consists of the cities of

Wyandotte and Riverview, is a district of the third class, and has

1 judge. The remaining incumbent judge of the twenty-seventh

district shall serve as the judge of the entire twenty-seventh

district for the balance of the term to which he or she was elected

or appointed.

     (13) The twenty-eighth district consists of the city of

Southgate, is a district of the third class, and has 1 judge.

     (14) 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 the following

number of judges:1 judge.

     (a) Until subdivision (b) takes effect, this district has 2

judges.

     (b) This 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 this district.

     (ii) 12 noon, January 1, 2003.

     (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 3 judges.

     (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 2 3 judges. Subject to section 8175, this district

may have 1 additional judge effective January 1, 2003. If a new

office of judge is added to this district to be filled by election

in 2002, the term of office of the judge for that election only

shall be 8 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) The forty-fourth district consists of the city of Royal

Oak, is a district of the third class, and has 2 judges.

     (3) The forty-fifth-a district consists of the city of

Berkley, is a district of the third class, and has 1 judge.

     (4) 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.

     (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. Subject to section 8175, this district may have 1

additional judge subject to review and recommendation by the state

court administrator to the legislature and subsequent legislation,

if and when a district court judgeship is eliminated within the

state of Michigan.

     (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 3 judges.

     (8) The fiftieth district consists of the city of Pontiac, is

a district of the third class, and has 4 judges.

     (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. Until January

1, 2003, the first division also includes the townships of Rose and

White Lake. The first division has 3 judges. Subject to section

8175, this division may have 1 additional judge effective January

1, 2003. If the Oakland county board of commissioners approves that

additional judgeship, the judgeship in the first division that is

filled by the district judge of the first division whose term

expires January 1, 2005 is transferred to the second division,

effective January 1, 2003.

     (b) The second division consists of the city of the village of

Clarkston and the townships of Springfield, Independence, Holly,

Groveland, and Brandon, . Beginning January 1, 2003, the second

division also includes the townships of Rose, and White Lake and

has 2 judges. The second division has 1 judge; however, effective

January 1, 2003, this division shall have 2 judges if a judgeship

is transferred to this division from the first division pursuant to

subdivision (a).

     (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) The Except as otherwise provided in this subdivision, the

fourth division consists of the cities of Troy and Clawson and has

3 judges. Beginning 12 noon, January 1, 2013, the fourth division

House Bill No. 5105 as amended December 15, 2011

has 2 judges.

     Sec. 8132. (1) Except as provided in subsection (2), the

sixty-fifth district consists of the counties of Gratiot and

Clinton, is a district of the first class, and is divided into the

following election divisions:

     (a) The first division consists of the county of Gratiot and

has 1 judge.

     (b) The second division consists of the county of Clinton and

has 1 judge.

     (2) Effective January 1, 1999, if the county of Clinton

approves the creation of the sixty-fifth-a district pursuant to law

and if the county of Gratiot approves the creation of the sixty-

fifth-b district pursuant to law, both of the following apply:

(1) (a) <<The UNTIL 12 NOON, JANUARY 1, 2015, THE>> sixty-fifth-a

district consists of the county of

Clinton, is a district of the first class, and has 1 judge. <<Beginning

12 noon, January 1, 2015, the sixty-fifth-a district consists of the

county of Clinton and is a district of the first class. Under section

810a, the probate judge for the county of Clinton shall serve as a

judge of the sixty-fifth-a district.>>

(2) (b) <<The                        >> sixty-fifth-b district

consists of the county of Gratiot, is a district of the first

class, and has 1 judge. <<

                                                             >>

     Sec. 8136. (1) The seventy-first-A district consists of the

county of Lapeer, is a district of the first class, and has 2

judges. Beginning 12 noon, January 1, 2013, the seventy-first-A

district has 1 judge.

     (2) The seventy-first-B district consists of the county of

Tuscola, is a district of the first class, and has 1 judge.

     Sec. 8138. (1) Except as provided in subsection (2), the

seventy-third district consists of the counties of Huron and

Sanilac, is a district of the first class, and is divided into the

following election divisions:

     (a) The first division consists of the county of Huron and has

1 judge.

     (b) The second division consists of the county of Sanilac and

has 1 judge.

     (2) Effective January 1, 1999, if the county of Sanilac

approves the creation of the seventy-third-a district pursuant to

law, and if the county of Huron approves the creation of the

seventy-third-b district pursuant to law, both of the following

apply:

(1) (a) The seventy-third-a district consists of the county of

Sanilac , and is a district of the first class. , and has 1

judge.Under section 810a, the probate judge for the county of

Sanilac shall serve as judge of the seventy-third-a district.

(2) (b) The seventy-third-b district consists of the county of

Huron, is a district of the first class, and has 1 judge.

     Sec. 8150. The eighty-fifth district consists of the counties

of Manistee and Benzie , and is a district of the first class. and

has 1 judge.Under section 810a, the probate judge for the county of

Manistee shall serve as judge of the eighty-fifth district within

Manistee county and the probate judge for the county of Benzie

shall serve as judge of the eighty-fifth district within Benzie

county.