HOUSE BILL No. 5153

 

 

November 14, 2013, Introduced by Rep. Walsh and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555,

 

600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA

 

374, section 821 as amended by 2004 PA 492, and section 8202 as

 

amended by 1996 PA 388.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 304. (1) Effective January 1, 1997, and subject to

 

subsection (2), each Each judge of the court of appeals shall

 

receive an annual salary equal to the greater of the

 

following:calculated as follows:

 

     (a) 92% of the annual salary of a justice of the supreme court

 

of this state.as of December 31, 2014.

 

     (b) $114,007.00. In addition to the amount calculated under


 

subdivision (a), an amount equal to the amount calculated under

 

subdivision (a) multiplied by the compounded aggregate percentage

 

pay increases, excluding lump-sum payments, paid to civil service

 

nonexclusively represented employees classified as executives and

 

administrators on or after January 1, 2015. The additional salary

 

under this subdivision takes effect on the same date as the

 

effective date of the pay increase paid to civil service

 

nonexclusively represented employees classified as executives and

 

administrators. The additional salary calculated under this

 

subdivision shall not be based on a pay increase paid to civil

 

service nonexclusively represented employees classified as

 

executives and administrators if the effective date of the increase

 

was before January 1, 2015.

 

     (2) An increase in the amount of salary payable to a judge of

 

the court of appeals caused by an increase in the salary of a

 

justice of the supreme court resulting from the operation of Act

 

No. 357 of the Public Acts of 1968, being sections 15.211 to 15.218

 

of the Michigan Compiled Laws, shall not be effective until

 

February 1 of the year in which the increase in the salary of a

 

justice of the supreme court becomes effective. If an increase in

 

salary becomes effective on February 1 of a year in which an

 

increase in the salary of a justice of the supreme court becomes

 

effective, the increase shall be retroactive to January 1 of that

 

year.

 

     (2) (3) The judges shall be reimbursed for their actual and

 

necessary expenses from the state treasury , upon the warrant of

 

the state treasurer.


 

     (3) (4) A judge of the court of appeals shall be is eligible

 

to participate in the state contributory insurance programs on the

 

same basis as a justice of the supreme court.

 

     Sec. 555. (1) Subject to subsection (5), each Each circuit

 

judge shall receive an annual salary payable by the state as

 

provided in calculated under this section and may receive from any

 

county in which he or she regularly holds court an additional

 

salary as determined from time to time by the county board of

 

commissioners. In any county where an additional salary is granted,

 

it shall be paid at the same rate to all circuit judges regularly

 

holding court in that county.

 

     (2) Until the salary of a justice of the supreme court exceeds

 

$128,538.00, each circuit judge shall receive an annual salary

 

determined as follows:

 

     (a) An annual salary payable by the state of $65,314.00.

 

     (b) An additional salary payable by the county or counties of

 

the judicial circuit. The state shall reimburse to a county or

 

counties paying an additional salary to a circuit judge $43,943.00,

 

if the total additional salary, including any cost-of-living

 

allowance, payable by that county or counties to a circuit judge is

 

not less than or more than $43,943.00. If the county or counties

 

pay a circuit judge less than or more than $43,943.00, the county

 

or counties are not entitled to reimbursement from the state under

 

this subsection.

 

     (3) If the salary of a justice of the supreme court exceeds

 

$128,538.00 but is not more than $130,633.00, each circuit judge

 

shall receive an annual salary determined as follows:


 

     (a) An annual salary payable by the state of $65,314.00.

 

     (b) An additional salary payable by the county or counties of

 

the judicial circuit. If a county or counties paying an additional

 

salary to a circuit judge pay a circuit judge the difference

 

between 85% of the salary of a justice of the supreme court and

 

$65,314.00, the state shall reimburse to the county or counties

 

that amount. If the county or counties pay a circuit judge an

 

additional salary, including any cost-of-living allowance, that

 

exceeds that amount, the county or counties are not entitled to

 

reimbursement from the state under this subsection.

 

     (2) (4) If the salary of a justice of the supreme court

 

exceeds $130,633.00, each Each circuit judge shall receive an

 

annual salary determined calculated as follows:

 

     (a) An annual salary payable by the state that is the

 

difference between 85% of the salary of a justice of the supreme

 

court as of December 31, 2014 and $45,724.00.

 

     (b) An additional In addition to the amount calculated under

 

subdivision (a), a salary payable by the county or counties of the

 

judicial circuit. The state shall reimburse to a county or counties

 

paying an additional salary to a circuit judge $45,724.00, if the

 

total additional salary, including any cost-of-living allowance,

 

payable by that county or counties to a circuit judge is not

 

neither less than or nor more than $45,724.00. If the county or

 

counties pay a circuit judge less than or more than $45,724.00, the

 

county or counties are not entitled to reimbursement from the state

 

under this subsection.

 

     (c) In addition to the amounts under subdivisions (a) and (b),


 

an amount equal to the amounts calculated under subdivisions (a)

 

and (b) multiplied by the compounded aggregate percentage pay

 

increases, excluding lump-sum payments, paid to civil service

 

nonexclusively represented employees classified as executives and

 

administrators on or after January 1, 2015. The additional salary

 

under this subdivision takes effect on the same date as the

 

effective date of the pay increase paid to civil service

 

nonexclusively represented employees classified as executives and

 

administrators. The additional salary under this subdivision shall

 

not be based on a pay increase paid to civil service nonexclusively

 

represented employees classified as executives and administrators

 

if the effective date of the increase was before January 1, 2015.

 

     (5) An increase in the amount of salary payable to a judge

 

under subsection (1) caused by an increase in the salary payable to

 

a justice of the supreme court resulting from the operation of Act

 

No. 357 of the Public Acts of 1968, being sections 15.211 to 15.218

 

of the Michigan Compiled Laws, shall not be effective until

 

February 1 of the year in which the increase in the salary of a

 

justice of the supreme court becomes effective. If an increase in

 

salary becomes effective on February 1 of a year in which an

 

increase in the salary of a justice of the supreme court becomes

 

effective, the increase shall be retroactive to January 1 of that

 

year.

 

     (3) (6) Each circuit judge who holds court in a county other

 

than the county of his or her residence shall be reimbursed for his

 

or her actual and necessary expenses incurred in holding court.

 

Each circuit judge entitled to the reimbursement shall certify the


 

expenses incurred to the court administrator for allowance. Upon

 

allowance by the administrator, the state treasurer shall issue a

 

warrant on the state treasury for payment.

 

     (4) (7) A circuit judge whose case load is less than other

 

circuit judges may be authorized by the supreme court or state

 

court administrator to assist other courts and perform other

 

judicial duties , for limited periods or specific assignments. This

 

subsection shall not be construed as a directive to the supreme

 

court or state court administrator.

 

     Sec. 821. (1) The following probate judges shall not engage in

 

the practice of law other than as a judge and shall receive ,

 

subject to subsection (6), an annual salary provided in as

 

calculated under this section:

 

     (a) A probate judge of a county that is not described in

 

section 807.

 

     (b) The probate judge in each probate court district described

 

in section 807 in which a majority of the electors voting on the

 

question in each county of the probate court district has approved

 

or approves creation of the district.

 

     (c) A probate judge in a county having a population of 15,000

 

or more according to the 1990 federal decennial census, if the

 

county is not part of a probate court district created pursuant to

 

by law.

 

     (d) A probate judge who has the jurisdiction, powers, duties,

 

and title of a district judge within his or her respective county

 

pursuant to under section 810a.

 

     (2) Each probate judge shall receive an annual salary


 

determined calculated as follows:

 

     (a) A minimum annual salary of the difference between 85% of

 

the salary of a justice of the supreme court as of December 31,

 

2014 and $45,724.00.

 

     (b) An additional In addition to the amount calculated under

 

subdivision (a), a salary of $45,724.00 paid by the county or by

 

the counties comprising a probate court district. If a probate

 

judge receives a total additional salary of $45,724.00 from the

 

county , or from the counties comprising a probate court district,

 

and does not receive receives neither less than or nor more than

 

$45,724.00, including any cost-of-living allowance, the state shall

 

reimburse the county or counties the amount that the county or

 

counties have paid to the judge.

 

     (c) In addition to the amounts under subdivisions (a) and (b),

 

an amount equal to the amounts calculated under subdivisions (a)

 

and (b) multiplied by the compounded aggregate percentage pay

 

increases, excluding lump-sum payments, paid to civil service

 

nonexclusively represented employees classified as executives and

 

administrators on or after January 1, 2015. The additional salary

 

under this subdivision takes effect on the same date as the

 

effective date of the pay increase paid to civil service

 

nonexclusively represented employees classified as executives and

 

administrators. The additional salary under this subdivision shall

 

not be based on a pay increase paid to civil service nonexclusively

 

represented employees classified as executives and administrators

 

if the effective date of the increase was before January 1, 2015.

 

     (3) Six thousand dollars of the minimum annual salary provided


 

in subsection (2) shall be paid by the county , or by the counties

 

comprising a probate court district, and the balance of that

 

minimum annual salary shall be paid by the state as a grant to the

 

county or the counties comprising the probate court district. The

 

county , or the counties comprising the probate court district,

 

shall in turn pay that amount to the probate judge. The state shall

 

annually reimburse the county or counties $6,000.00 for each

 

probate judge to offset the cost of to the county or counties

 

required by under this section.

 

     (4) The salary provided in calculated under this section is

 

full compensation for all services performed by a probate judge,

 

except as otherwise provided by law. In a probate court district,

 

each county of the district shall contribute to the salary in the

 

same proportion as the population of the county bears to the

 

population of the district.

 

     (5) An additional salary determined by the county board of

 

commissioners may be increased during a term of office but shall

 

not be decreased, except to the extent of a general salary

 

reduction in all other branches of government in the county. In a

 

county where an additional salary is granted, it shall be paid at

 

the same rate to all probate judges regularly holding court in the

 

county.

 

     (6) An increase in the amount of salary payable to a judge

 

under subsection (1) caused by an increase in the salary payable to

 

a justice of the supreme court resulting from the operation of 1968

 

PA 357, MCL 15.211 to 15.218, is not effective until February 1 of

 

the year in which the increase in the salary of a justice of the


 

supreme court becomes effective. If an increase in salary becomes

 

effective on February 1 of a year in which an increase in the

 

salary of a justice of the supreme court becomes effective, the

 

increase is retroactive to January 1 of that year.

 

     Sec. 8202. (1) Subject to subsection (3), a A district judge

 

shall receive an annual salary payable by this state as provided in

 

calculated under this section.

 

     (2) In addition to the salary received from this state under

 

subsection (1), a district judge may receive from a district

 

funding unit in which the judge regularly holds court an additional

 

salary as determined by the governing legislative body of the

 

district funding unit as provided in this section. Supplemental

 

salaries paid by a district funding unit shall be uniform as to all

 

judges who regularly hold court in the district funding unit.

 

However, the total annual additional salary paid to a district

 

court judge by the district funding units in which the judge

 

regularly holds court shall not cause the district judge's total

 

annual salary received from state and district funding unit funds

 

to exceed the maximum total salary allowed under this section.

 

     (3) An increase in the amount of salary payable to a judge

 

under subsection (1) caused by an increase in the salary payable to

 

a justice of the supreme court resulting from the operation of Act

 

No. 357 of the Public Acts of 1968, being sections 15.211 to 15.218

 

of the Michigan Compiled Laws, shall not be effective until

 

February 1 of the year in which the increase in the salary of a

 

justice of the supreme court becomes effective. If an increase in

 

salary becomes effective on February 1 of a year in which an


 

increase in the salary of a justice of the supreme court becomes

 

effective, the increase shall be retroactive to January 1 of that

 

year.

 

     (4) Until the salary of a justice of a supreme court exceeds

 

$124,413.00, each district judge shall receive an annual salary of

 

$104,507.00 determined as follows:

 

     (a) An annual salary of $58,783.00 payable by the state.

 

     (b) An additional salary of $45,724.00 payable by the district

 

funding unit or units as provided in subsection (2). If a district

 

judge receives a total additional salary of $45,724.00 from the

 

district funding unit or units and does not receive less than or

 

more than $45,724.00, including any cost-of-living allowance, the

 

state shall reimburse the district funding unit or units the amount

 

that the unit or units have paid to the judge.

 

     (3) (5) If the salary of a justice of the supreme court

 

exceeds $124,413.00, each Each district judge shall receive an

 

annual salary determined calculated as follows:

 

     (a) A minimum annual salary of the difference between 84% of

 

the salary of a justice of the supreme court as of December 31,

 

2014 and $45,724.00.

 

     (b) An additional In addition to the amount calculated under

 

subdivision (a), a salary of $45,724.00 from the district funding

 

unit or units as provided in subsection (2). If a district judge

 

receives a total additional salary of $45,724.00 from the district

 

funding unit or units and does not receive receives neither less

 

than or nor more than $45,724.00, including any cost-of-living

 

allowance, the state shall reimburse the district funding unit or


 

units the amount that the unit or units have paid to the judge.

 

     (c) In addition to the amounts under subdivisions (a) and (b),

 

an amount equal to the amounts calculated under subdivisions (a)

 

and (b) multiplied by the compounded aggregate percentage pay

 

increases, excluding lump-sum payments, paid to civil service

 

nonexclusively represented employees classified as executives and

 

administrators on or after January 1, 2015. The additional salary

 

under this subdivision takes effect on the same date as the

 

effective date of the pay increase paid to civil service

 

nonexclusively represented employees classified as executives and

 

administrators. The additional salary under this subdivision shall

 

not be based on a pay increase paid to civil service nonexclusively

 

represented employees classified as executives and administrators

 

if the effective date of the increase was before January 1, 2015.

 

     (4) (6) A district judge who holds court in a county other

 

than the county of the judge's residence shall be reimbursed for

 

his or her actual and necessary expenses incurred in holding court

 

upon certification and approval by the state court administrator.

 

Upon certification of the judge's expenses, the sum shall be paid

 

out of the state treasury pursuant to under the accounting laws of

 

this state.

 

     (5) (7) Salaries of a district court judge may be increased

 

but shall not be decreased during a term of office, except and only

 

to the extent of a general salary reduction in all other branches

 

of government.

 

     (6) (8) A judge of the district court is eligible to be a

 

member of the Michigan judges retirement system created by under


 

the judges retirement act of 1992, Act No. 234 of the Public Acts

 

of 1992, being sections 38.2101 to 38.2608 of the Michigan Compiled

 

Laws.1992 PA 234, MCL 38.2101 to 38.2670.

 

     (7) (9) The district court in a district may hold evening and

 

Saturday sessions.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2015.