SB-0653, As Passed Senate, October 30, 2013

SUBSTITUTE FOR

SENATE BILL NO. 653

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 504, 507, 517, 518, 8116, 8121, 8123, 8130,

8134, and 8135 (MCL 600.504, 600.507, 600.517, 600.518, 600.8116,

600.8121, 600.8123, 600.8130, 600.8134, and 600.8135), section 504

as amended by 2011 PA 300, sections 507 and 517 as amended by 2009

PA 228, section 518 as amended by 2006 PA 99, section 8116 as

amended by 2012 PA 19, section 8121 as amended by 2012 PA 37,

section 8123 as amended by 2012 PA 624, section 8130 as amended by

1988 PA 135, section 8134 as amended by 2012 PA 16, and section

8135 as amended by 1982 PA 161.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 504. The third judicial circuit consists of the county of

Wayne and has the following number of judges:

     (a) Until 12 noon, January 1, 2013, 61 2015, 60 judges.

     (b) Beginning 12 noon, January 1, 2013, 60 2015, 56 judges.

     Sec. 507. (1) The sixth judicial circuit consists of the

county of Oakland and, except as otherwise provided in subsection

(2), this section, has 19 judges.

     (2) Subject to section 550, this circuit shall have has 18

judges during the period beginning 12 noon, January 1, 2011 and

ending 12 noon, January 1, 2015. The judgeship temporarily

eliminated from this circuit during the period of January 1, 2011

to January 1, 2015 shall be the judgeship of a judge who is not

eligible to run for reelection due to constitutional limitation on

the effective date of the amendatory act that added this

subsection. January 5, 2010. In the 2014 election, the initial term

of office of the judgeship being restored shall be 8 years.

     (3) Subject to section 550, this judicial circuit may have 1

additional judge beginning January 1, 2019.

     Sec. 517. (1) The sixteenth judicial circuit consists of the

county of Macomb and, except as otherwise provided in subsection

(2), this section, has 13 judges.

     (2) Subject to section 550, this circuit shall have has 12

judges during the period beginning 12 noon, January 1, 2011 and

ending 12 noon, January 1, 2017. The 1 judgeship temporarily

eliminated from this circuit during the period of January 1, 2011

to January 1, 2017 shall be the judgeship of a judge who is not

eligible to run for reelection due to constitutional limitation on

the effective date of the amendatory act that added this

subsection.January 5, 2010.

     (3) This judicial circuit may have 2 additional judges

Senate Bill No. 653 as amended October 30, 2013

effective January 1, 2019. Each additional judgeship is

individually subject to section 550.

     (4) Subject to section 550, this judicial circuit may have 1

additional judge beginning January 1, 2021.

     Sec. 518. <<   >> The seventeenth judicial circuit consists of the

county of Kent and has 9 10 judges. Subject to <<                   >>

section 550, this judicial circuit may have 1 additional judge

effective beginning January 1, 2007.2015.

     <<                                                            

                                           >>

     Sec. 8116. (1) Except as provided in subsection (2), the 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.

     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 Except as otherwise provided in this subsection, the

eighteenth district consists of the city of Westland, is a district

of the third class, and has 2 judges. If the governing bodies of

the city of Westland and the city of Wayne approve by resolutions

the consolidation of the eighteenth and twenty-ninth districts

before January 1, 2016, all of the following apply effective

January 1, 2016:

     (a) The twenty-ninth district is abolished and the eighteenth

district consists of the city of Westland and the city of Wayne, is

a district of the third class, and has 3 judges. The additional

judgeship in the eighteenth district shall be filled by the

incumbent judge of the twenty-ninth district, who shall become a

judge of the eighteenth district for the balance of the term to

which he or she was elected or appointed. For purposes of the

November 2018 general election only, the term of the candidate for

district judge in the eighteenth district who receives the greatest

number of votes is 10 years and the term of the candidate for

district judge in the eighteenth district who receives the second

greatest number of votes is 6 years.

     (b) The clerk of the city of Westland and the clerk of the

city of Wayne shall file copies of the resolutions with the state

court administrator, who, as authorized by the supreme court, shall

notify the elections division of the department of state that the

consolidation has been approved under this section.

     (c) By proposing or authorizing the consolidation of the

eighteenth and twenty-ninth districts, the legislature is not

creating a new obligation for any affected district control unit.

If a district control unit, acting through its governing body,

approves the consolidation, then the approval constitutes an

exercise of the district control unit's option to increase the

level of activity and service offered in that district control unit

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 that district control unit of all expenses

and capital improvements that may result from the consolidation of

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

the state's obligation to pay the same portion of each judge's

salary that is paid by the state to other district judges as

provided by law, or to appropriate and disburse funds to the

district control unit for the necessary costs of state requirements

established by a state law that becomes effective on or after

December 23, 1978.

     (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

consolidation of the twenty-fifth and twenty-sixth districts.

Beginning April 2, 2012, the twenty-fifth district has 2 judges.

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

Rouge and Ecorse, is a district of the third class, 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 Except as provided in subsection (13), the twenty-

seventh district consists of the cities of Wyandotte and Riverview,

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

     (13) The Except as otherwise provided in this subsection, the

twenty-eighth district consists of the city of Southgate, is a

district of the third class, and has 1 judge. If the governing

bodies of the cities of Southgate, Wyandotte, and Riverview approve

by resolutions the consolidation of the twenty-seventh and twenty-

eighth districts before January 1, 2016, all of the following

apply:

     (a) Beginning January 1, 2016, the twenty-seventh district is

abolished and the twenty-eighth district consists of the cities of

Southgate, Wyandotte, and Riverview, is a district of the third

class, and has 2 judges. The additional judgeship in the twenty-

eighth district shall be filled by the incumbent judge of the

twenty-seventh district, who shall become a judge of the twenty-

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

elected or appointed.

     (b) The clerks of the cities of Southgate, Wyandotte, and

Riverview shall file copies of the resolutions with the state court

administrator who, as authorized by the supreme court, shall notify

the elections division of the department of state that the

consolidation has been approved under this section.

     (c) By proposing or authorizing the consolidation of the

twenty-seventh and twenty-eighth districts, the legislature is not

creating a new obligation for any affected district control unit.

If a district control unit, acting through its governing body,

approves the consolidation, then the approval constitutes an

exercise of the district control unit's option to increase the

level of activity and service offered in that district control unit

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 that district control unit of all expenses

and capital improvements which may result from the consolidation of

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

the state's obligation to pay the same portion of each judge's

salary that is paid by the state to other district judges as

provided by law, or to appropriate and disburse funds to the

district control unit for the necessary costs of state requirements

established by a state law that becomes effective on or after

December 23, 1978.

     (14) The Except as provided in subsection (3), 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 1 judge.

     (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 the following number of

judges:

     (a) Until the date determined under subdivision (b), 3 judges.

     (b) Beginning on the earlier of the following dates, 2 judges:

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

district judge in this district unless the vacancy occurs after the

judge's successor in office has been elected but before that

successor takes office.

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

district judge in this district no longer seeks election or

reelection to that office.

     (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 3 judges.

     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) Except as otherwise provided in this subsection, the

forty-fourth district consists of the city of Royal Oak, is a

district of the third class, and has 2 judges. Beginning January 2,

2015, the forty-fourth district consists of the cities of Royal Oak

and Berkley and has the following number of judges:

     (a) Until the dates determined under subdivisions (b) and (c),

3 judges.

     (b) Beginning January 3, 2015, the forty-fourth district has 2

judges beginning on the earlier of the following dates:

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

district judge in the forty-fourth district, unless the vacancy

occurs after a judge's successor in office has been elected but

before that successor takes office.

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

district judge in the forty-fourth district no longer seeks

election or reelection to that office.

     (c) Following the reduction in the number of judgeships from 3

to 2 under subdivision (b), the forty-fourth 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 the forty-fourth district, unless the vacancy

occurs after a judge's successor in office has been elected but

before that successor takes office.

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

district judge in the forty-fourth district no longer seeks

election or reelection to that office.

     (3) Except as otherwise provided in this subsection, the

forty-fifth-a district is created, consists of the city of Berkley,

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

serving as judge of the forty-fifth-a district on June 30, 2012, or

his or her successor, shall serve as judge of the forty-fifth-a

district until that district is abolished under this subsection.

For purposes of the November 2014 general election only, the term

of the person elected district judge in the forty-fifth-a district

is 8 years. Beginning July 1, 2012, the forty-fifth district is

created. The forty-fifth 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. Beginning January 2, 2015, the forty-

fifth-a district is abolished and the judge of the forty-fifth-a

district shall become a judge of the forty-fourth 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 reorganization of the

forty-fourth, forty-fifth, forty-fifth-a, and forty-fifth-b

districts. Any physical reorganization required to accomplish the

reorganization of district boundaries under this subsection and

subsection (2) shall be completed no later than January 1, 2021.

For purposes of the November 2014 general election only, the term

of the candidate for district judge in the forty-fifth judicial

district who receives the highest number of votes is 8 years and

the term of the candidate for district judge in the forty-fifth

judicial district who receives the second highest number of votes

is 6 years.

     (4) Except as otherwise provided in this subsection, 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. Beginning July 1, 2012, the forty-fifth district is

created. The forty-fifth 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. Beginning July 1, 2012, the forty-fifth-b

district is abolished and the judges of the forty-fifth-b district

shall become judges of the forty-fifth district for the balance of

the term to which they were elected or appointed. For purposes of

the November 2014 general election only, the term of the candidate

for district judge in the forty-fifth judicial district who

receives the greatest number of votes is 8 years and the term of

the candidate for district judge in the forty-fifth judicial

district who receives the second greatest number of votes is 6

years.

     (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.

     (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 the following number of judges:

     (a) Until the date determined under subdivision (b), the

forty-eighth district has 3 judges.

     (b) The forty-eighth district has 2 judges 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, unless the vacancy occurs after a

judge's successor in office has been elected but before that

successor takes office.

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

district judge in this district no longer seeks election or

reelection to that office.

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

a district of the third class, and has the following number of

judges:

     (a) Until the date determined under subdivision (b),

subdivisions (b) and (c), 4 judges.

     (b) The fiftieth district has 3 judges 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, unless the vacancy occurs after a

judge's successor in office has been elected but before that

successor takes office.

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

district judge in this district no longer seeks election or

reelection to that office.

     (c) Following, or simultaneously with, the reduction in the

number of judgeships from 4 to 3 under subdivision (b), the

fiftieth district has 2 judges 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, unless the vacancy occurs after a

judge's successor in office has been elected but before that

successor takes office.

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

district judge in this district no longer seeks election or

reelection to that office.

     (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.

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

Clarkston and the townships of Springfield, Independence, Holly,

Groveland, Brandon, Rose, and White Lake and has 2 judges.

     (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) 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

has 2 judges.

     Sec. 8130. (1) The sixty-first district consists of the city

of Grand Rapids, is a district of the third class and has 5 6

Senate Bill No. 653 as amended October 30, 2013

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

additional judge effective January 1, 1989.

     (2) The sixty-second-a district consists of the city of

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

     (3) The sixty-second-b district consists of the city of

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

     (4) The <<                                       >> the sixty-third

district consists of the county of Kent, except the cities of Grand

Rapids, Walker, Grandville, Wyoming and Kentwood, is a district of

the second class, and is divided into the following election

divisions:

     (a) The first division consists of the cities of Cedar Springs

and Rockford and the townships of Tyrone, Solon, Nelson, Spencer,

Sparta, Algoma, Courtland, Oakfield, Alpine, Plainfield, Cannon,

and Grattan and has 1 judge.

     (b) The second division consists of the cities of East Grand

Rapids and Lowell and the townships of Grand Rapids, Ada,

Vergennes, Cascade, Lowell, Byron, Gaines, Caledonia, and Bowne and

has 1 judge.

(5) Beginning January 1, 2014, the sixty-third district

consists of the county of Kent, except the cities of Grand Rapids,

Walker, Grandville, Wyoming, and Kentwood, is a district of the

second class, and has 2 judges. Subject to subsection (6) and

section 8175, this district may have 1 additional judge beginning

January 1, 2015. For purposes of the November 2014 general

election, all of the following apply:

     (a) The term of the candidate for an existing judgeship who

Senate Bill No. 653 as amended October 30, 2013

receives the greatest number of votes is 8 years.

     (b) The term of the candidate for an existing judgeship who

receives the second greatest number of votes is 6 years.

     (c) If a new judgeship is added to this district beginning

January 1, 2015, the term of the candidate for the new judgeship

who receives the greatest number of votes is 4 years.

<<                                                            

                                                      >>

     Sec. 8134. (1) The Unless the sixty-seventh district court and

the sixty-eighth district court are consolidated under subsection

(4), the sixty-seventh district consists of the county of Genesee

except the city of Flint, is a district of the second class, and is

divided into the following election divisions:

     (a) The first division consists of the cities of Flushing and

Clio and the townships of Flushing, Flint, Montrose, Thetford, and

Vienna and has 1 judge.

     (b) The second division consists of the cities of Davison and

Burton and the townships of Davison, Forest, Richfield, and Atlas

and has 2 judges.

     (c) The third division consists of the city of Mt. Morris and

the townships of Mt. Morris and Genesee and has 1 judge.

     (d) The fourth division consists of the cities of Fenton,

Grand Blanc, and Swartz Creek and the townships of Fenton,

Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2

judges.

     (2) Notwithstanding Unless the sixty-seventh district court

and the sixty-eighth district court are consolidated under

subsection (4), notwithstanding any other provision of this act,

the county board of commissioners may by resolution designate the

county seat as a place where the court for the sixty-seventh

district shall sit in a central court facility. The adoption of a

resolution described in this subsection does not require the

approval of the majority of the judges of the district, and binds

the county to maintain a court facility in each municipality in the

sixty-seventh district where a court facility exists on the date of

the resolution.

     (3) The Except as provided in subsection (4), the sixty-eighth

district consists of the city of Flint, is a district of the third

class, and has the following number of judges:

     (a) Until the date determined under subdivision (b) takes

effect, this district has 5 judges.

     (b) This district has 4 judges beginning on the earlier of the

following dates:

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

district judge in the sixty-eighth district, unless the vacancy

occurs after a judge's successor in office has been elected but

before that successor takes office.

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

district judge in the sixty-eighth district no longer seeks

election or reelection to that office.

     (4) If the governing bodies of the county of Genesee and the

city of Flint approve by resolutions the consolidation of the

sixty-seventh and sixty-eighth districts, all of the following

apply:

     (a) Beginning the first January 2 after the approval of both

governing bodies, the sixty-eighth district is abolished and the

sixty-seventh district consists of the county of Genesee, is a

district of the first class, and is divided into the following

election divisions:

     (i) The first division consists of the cities of Flushing and

Clio and the townships of Flushing, Flint, Montrose, Thetford, and

Vienna and has 1 judge.

     (ii) The second division consists of the cities of Davison and

Burton and the townships of Davison, Forest, Richfield, and Atlas

and has 2 judges.

     (iii) The third division consists of the city of Mt. Morris and

the townships of Mt. Morris and Genesee and has 1 judge.

     (iv) The fourth division consists of the cities of Fenton,

Grand Blanc, and Swartz Creek and the townships of Fenton,

Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2

judges.

     (v) The fifth division consists of the city of Flint. The

judgeships in the fifth division shall be filled by the incumbent

judges of the sixty-eighth district, who shall become judges of the

fifth division for the balance of the term to which they were

elected or appointed. The fifth division has the following number

of judges:

     (A) If there are 5 judges in the sixty-eighth district at the

time the sixty-seventh and sixty-eighth districts are consolidated,

this division has 5 judges. This division has 4 judges beginning on

the date on which a vacancy occurs in the office of district judge

in this division unless the vacancy occurs after a judge's

successor in office has been elected but before that successor

takes office, or the beginning date of the term for which an

incumbent district judge in this division no longer seeks election

or reelection to that office, whichever is earlier.

     (B) If there are 4 judges in the sixty-eighth district at the

time the sixty-seventh and sixty-eighth districts are consolidated,

this division has 4 judges.

     (b) The clerk of the county of Genesee and the clerk of the

city of Flint shall file copies of the resolutions with the state

court administrator, who, as authorized by the supreme court, shall

notify the elections division of the department of state that the

consolidation has been approved under this section and the date on

which the consolidation will take effect.

     (c) By proposing or authorizing the consolidation of the

sixty-seventh and sixty-eighth districts, the legislature is not

creating a new obligation for any affected district control unit.

If a district control unit, acting through its governing body,

approves the consolidation, then the approval constitutes an

exercise of the district control unit's option to increase the

level of activity and service offered in that district control unit

beyond that required by existing law, as the elements of that

option are prescribed by 1979 PA 101, MCL 21.231 to 21.244, and a

voluntary acceptance by that district control unit of all expenses

and capital improvements that may result from the consolidation of

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

the state's obligation to pay the same portion of each judge's

salary that is paid by the state to other district judges as

provided by law, or to appropriate and disburse funds to the

district control unit for the necessary costs of state requirements

established by a state law that takes effect on or after December

23, 1978.

     (d) Section 8177 does not apply to the consolidation of the

sixty-seventh and sixty-eighth districts.

     (e) The court facilities of the sixty-seventh and sixty-eighth

district court districts, as the facilities existed on the

effective date of the amendatory act that added this subdivision,

shall not be closed before the second January 2 after the approval

of both governing bodies.

     Sec. 8135. The seventieth district consists of the county of

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

following election divisions:

     (a) The first division consists of the cities of Saginaw and

Zilwaukee and the townships of Zilwaukee, Buena Vista, Carrollton,

and Bridgeport, and has 3 judges. However, the first division has 2

judges beginning on the date on which a vacancy occurs in the

office of district judge in the first division unless the vacancy

occurs after a judge's successor in office has been elected but

before that successor takes office, or the beginning date of the

term for which an incumbent district judge in the first division no

longer seeks election or reelection to that office, whichever is

earlier.

     (b) The second division consists of the county of Saginaw

except the cities of Saginaw and Zilwaukee and the townships of

Zilwaukee, Buena Vista, Carrollton, and Bridgeport, and has 3 2

judges. However, the second division has 3 judges beginning on the

date on which a vacancy occurs in the office of district judge in

the first division, unless the vacancy occurs after a judge's

successor in office has been elected but before that successor

takes office, or the beginning date of the term for which an

incumbent district judge in the first division no longer seeks

election or reelection to that office, whichever is earlier. The

judgeship transferred from the first division to the second

division is not considered an additional judgeship for purposes of

section 8175 and may be filled by appointment by the governor if it

is the result of a vacancy in the first division.