SENATE BILL No. 653
October 24,
2013, Introduced by Senators JONES, BRANDENBURG, HILDENBRAND and MARLEAU and
referred to the Committee on Judiciary.
A
bill to amend 1961 PA 236, entitled
"Revised
judicature act of 1961,"
by
amending sections 504, 507, 517, 518, 8121, 8130, 8134, 8135,
and
8159 (MCL 600.504, 600.507, 600.517, 600.518, 600.8121,
600.8130,
600.8134, 600.8135, and 600.8159), 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 8121 as amended by
2012
PA 37, 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) Subject to section 550, this judicial circuit may have 1
additional judge beginning January 1, 2019.
Sec.
518. (1) The seventeenth judicial circuit consists of the
county
of Kent and has 9 10 judges. Subject to subsection (2) and
section
550, this judicial circuit may have 1 additional judge
effective
beginning January 1, 2007.2015.
(2)
The county board of commissioners shall not approve the
additional
judgeship under subsection (1) if the governing body of
each
district control unit of the district approves the creation of
an
additional judgeship under section 8130.
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.
8130. (1) The sixty-first district consists of the city
of
Grand Rapids, is a district of the third class and has 5 6
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 Except as provided in
subsection (5), 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
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.
(6) The governing body of each district control unit of the
district shall not approve the additional judgeship under
subsection (5) if the county board of commissioners approves the
creation of an additional judgeship under section 518.
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.
Sec.
8159. The Except as
otherwise provided in this section,
the
ninety-fourth district consists of the
county of Delta, is a
district
of the first class, and has 1 judge. Beginning January 2,
2015,
the ninety-fourth district consists of the county of Delta
and
is a district of the first class. Under section 810a, a probate
judge
for the county of Delta shall serve as judge of the ninety-
fourth
district.