October 18, 2011, Introduced by Rep. Segal and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 803 and 8116 (MCL 600.803 and 600.8116),
section 803 as amended by 2002 PA 715.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 under sections 808 to 810 or previously created
pursuant
to by law shall have at least has 1
judge of probate.
(2)
Each probate court district created pursuant to by law
shall
have has 1 judge of probate.
(3) The counties of Berrien, Calhoun, Genesee, Ingham, Macomb,
Monroe,
Muskegon, Saginaw, St. Clair, and Washtenaw shall each have
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.
(4) (6)
The county of Kalamazoo shall
have has 3 judges of
probate. Beginning on the date on which a vacancy occurs in the
office of probate judge in the county of Kalamazoo or the beginning
date of the term for which an incumbent probate judge in the county
of Kalamazoo no longer seeks election or reelection to that office,
whichever is earlier, the county of Kalamazoo has 2 judges of
probate.
(5) (7)
The county of Kent shall have has 4
judges of probate.
(6) (8)
The county of Oakland shall have
has 4 judges of
probate.
(7) (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.
(8) (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.
8116. The Except as
provided in subsection (2), the
seventh district consists of the county of Van Buren, is a district
of the first class and has 2 judges.
(2) Beginning on the earlier of the following dates, the
seventh district has 1 judge:
(a) The date on which a vacancy occurs in the office of
district judge in the seventh district.
(b) The beginning date of the term for which an incumbent
district judge in the seventh district no longer seeks election or
reelection to that office.