HB-5102, As Passed Senate, February 7, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5102

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 550a, 803, 8138, and 8156 (MCL 600.550a,

600.803, 600.8138, and 600.8156), section 550a as amended by 2002

PA 92 and sections 803 and 8138 as amended by 2011 PA 300.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 550a. (1) If a new judicial circuit is proposed by law,

that new circuit shall not be created and any circuit judgeship

proposed for the circuit shall not be authorized or filled by

election unless each county in the proposed circuit, by resolution

adopted by the county board of commissioners, approves the creation

of the new circuit and each judgeship proposed for the circuit and

unless the clerk of each county adopting that resolution files a

copy of the resolution with the state court administrator not later

than 4 p.m. of the sixteenth Tuesday preceding the August primary

immediately following the effective date of the amendatory act

permitting the creation of the new circuit. The state court

administrator shall immediately notify the elections division of

the department of state with respect to each new judicial circuit

and circuit judgeship authorized pursuant to under this subsection.

     (2) By proposing a new judicial circuit and 1 or more circuit

judgeships for the circuit, the legislature is not creating that

circuit or any judgeship in the circuit. If a county, acting

through its board of commissioners, approves the creation of a new

circuit and 1 or more circuit judgeships proposed by law for that

circuit, 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 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 new circuit and each

judgeship. However, the exercise of the option does not affect the

state's obligation to pay a portion of the circuit judge's or

judges' salary as provided by law, 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 circuit judgeship created pursuant to under

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

Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The first

term of each circuit judgeship shall be is 6 years, unless the law

permitting the creation of the new circuit and 1 or more judgeships

provides for a term of a different length.

     (4) The reformation of the eleventh, twenty-third, twenty-

sixth, thirty-fourth, fiftieth, and fifty-third judicial circuits

pursuant to the 2002 amendatory act that added this subsection

under 2002 PA 92 does not require the a resolution of approval of

by the county board of commissioners under this section or section

550.

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

each county that is not part of a probate court district created by

law has 1 judge of probate.

     (2) Each probate court district created by law 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.

     (4) The county of Huron has the following number of judges of

probate:

     (a) Until April 1, 2012, 1 judge.

     (b) Beginning April 1, 2012, under section 15 of article VI of

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

county of Huron shall be combined with the office of judge of the

seventy-third-b judicial district, and the county of Huron shall

have 2 judges of probate. The judgeship added under this

subdivision shall be filled by the incumbent judge of the seventy-

third-b judicial district, who shall become a probate judge for the

county of Huron for the balance of the term to which he or she was

elected.

     (c) Beginning the earlier of the following dates, the county

of Huron has 1 judge of probate:

     (i) The date on which a vacancy occurs in the office of probate

judge in this county.

     (ii) The beginning date of the term for which an incumbent

probate judge in this county no longer seeks election or reelection

to that office.

     (5) The county of Chippewa has the following number of judges

of probate:

     (a) Until April 1, 2012, 1 judge.

     (b) Beginning April 1, 2012, under section 15 of article VI of

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

county of Chippewa shall be combined with the office of judge of

the ninety-first judicial district, and the county of Chippewa

shall have 2 judges of probate. The judgeship added under this

subdivision shall be filled by the incumbent judge of the ninety-

first judicial district, who shall become a probate judge for the

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

was elected.

     (c) Beginning the earlier of the following dates, the county

of Chippewa has 1 judge of probate:

     (i) The date on which a vacancy occurs in the office of probate

judge in this county.

     (ii) The beginning date of the term for which an incumbent

probate judge in this county no longer seeks election or reelection

to that office.

(6) (4) The counties of Berrien, Genesee, Ingham, Macomb,

Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw each has 2

judges of probate.

(7) (5) The county of Kalamazoo has 3 judges of probate.

(8) (6) The county of Kent has 4 judges of probate.

(9) (7) The county of Oakland has 4 judges of probate.

(10) (8) The county of Wayne has 8 judges of probate.

(11) (9) When 1 or more new judges of probate are authorized

in a county 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. 8138. (1) The seventy-third-a district consists of the

county of Sanilac and is a district of the first class. Under

section 810a, the probate judge for the county of Sanilac shall

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

     (2) The Until April 1, 2012, the seventy-third-b district

consists of the county of Huron, is a district of the first class,

and has 1 judge. Beginning April 1, 2012, the seventy-third-b

district consists of the county of Huron and is a district of the

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

Huron shall serve as judge of the seventy-third-b district.

     Sec. 8156. The Until April 1, 2012, the ninety-first district

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

class, and has 1 judge. Beginning April 1, 2012, the ninety-first

district consists of the county of Chippewa and is a district of

the first class. Under section 810a, a probate judge for the county

of Chippewa shall serve as judge of the ninety-first district.