HOUSE BILL NO. 4447

March 04, 2021, Introduced by Rep. Lightner and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 555, 821, 822, and 8202 (MCL 600.555, 600.821, 600.822, and 600.8202), sections 555 and 8202 as amended by 2016 PA 31, section 821 as amended by 2018 PA 6, and section 822 as amended by 2003 PA 40.

the people of the state of michigan enact:

Sec. 555. (1) Each circuit judge shall must receive an annual salary payable by the this state as 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 must be paid at the same rate to all circuit judges regularly holding court in that county.

(2) Each circuit judge shall must receive an annual salary calculated as follows:

(a) An Until September 30, 2021, an annual salary payable by the this state that is the difference between 85% of the salary of a justice of the supreme court as of December 31, 2015 and $45,724.00. Beginning on October 1, 2021, an annual salary payable by this state that is 85% of the salary of a justice of the supreme court as of December 31, 2015 but each circuit judge may receive an additional salary as determined and payable by the county board of commissioners under section 18 of article VI of the state constitution of 1963 and subsection (1).

(b) In Until September 30, 2021, in addition to the amount calculated under subdivision (a), a salary payable by the county or counties of the judicial circuit. The This 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 neither less than 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 this state under this subsection.

(c) In addition to the amounts under subdivisions (a) and (b), an amount payable by the this state that is 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, 2016. 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 must 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, 2016.

(3) Each circuit judge who holds court in a county other than the county of his or her residence shall must 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) 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 must not be construed as a directive to the supreme court or state court administrator.

Sec. 821. (1) Except for the probate judge in Keweenaw County who is not a judge of the first probate district described in section 807, probate judges shall not engage in the practice of law other than as a judge and must receive an annual salary as calculated under this section.

(2) Each probate judge shall must receive an annual salary calculated as follows:

(a) A minimum Until September 30, 2021, an annual salary payable by this state of the difference between 85% of the salary of a justice of the supreme court as of December 31, 2015 and $45,724.00. Beginning October 1, 2021, an annual salary payable by this state of 85% of the salary of a justice of the supreme court as of December 31, 2015 but each probate judge may receive an additional salary as determined and payable by the county board of commissioners under subsection (5).

(b) In Until September 30, 2021, in addition to the amount calculated under subdivision (a), a salary of $45,724.00 paid by the county or counties comprising a probate court district. If a probate judge receives a total additional salary of $45,724.00 from the county or counties comprising a probate court district, and receives neither less than nor more than $45,724.00, including any cost-of-living allowance, the this 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 payable by the this state that is 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, 2016. 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 must 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, 2016.

(3) Six thousand dollars Until September 30, 2021, $6,000.00 of the minimum annual salary provided in subsection (2) must be paid by the county or counties comprising a probate court district, and the balance of that minimum annual salary must be paid by the this state as a grant to the county or the counties comprising the probate court district. The county or counties comprising the probate court district, shall in turn pay that amount to the probate judge. The This state shall annually reimburse the county or counties $6,000.00 for each probate judge to offset the cost to the county or counties under this section.

(4) The salary calculated under this section is full compensation for all services performed by a probate judge, except as otherwise provided by law. In Until September 30, 2021, 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 increase during a term of office but must not be decreased, decrease, 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 must be paid at the same rate to all probate judges regularly holding court in the county.

Sec. 822. (1) Except Until September 30, 2021, except as provided in subsection (6), a probate judge not included in section 821 shall must receive a minimum annual salary of $20,000.00. Six thousand dollars of the minimum annual salary provided by this subsection shall must be paid by the county and the balance of the minimum annual salary shall must be paid by the this state as a grant to the county. The county shall, in turn, pay that amount to the probate judge. Beginning October 1, 2021, a probate judge not included in section 821 must receive a minimum annual salary payable by this state of the amount he or she earned in the 2020-2021 fiscal year but may receive an additional salary as determined and payable by the county board of commissioners under subsection (3).

(2) The minimum annual salary provided in subsection (1) may be increased increase but shall must not be decreased decrease during the term for which the probate judge has been elected or appointed. This salary is in full compensation for all services performed by the person as probate judge, except as otherwise provided by law. A probate judge whose minimum annual salary is provided in subsection (1) shall not represent a party in a contested proceeding in the probate court of this state.

(3) In addition to the salary provided in subsection (1), a probate judge may receive from the county in which he or she regularly holds court an the following additional salary of as applicable:

(a) Until September 30, 2021, not more than $45,724.00, as determined by the county board of commissioners. The additional salary may be increased increase during a term of office but shall must not be decreased decrease except to the extent of a general salary reduction in all other branches of government in the county.

(b) Beginning October 1, 2021, an additional salary as determined and payable by the county board of commissioners. In a county where an additional salary is granted, it must be paid at the same rate to all probate judges regularly holding court in the county. The additional salary may increase during a term of office but must not decrease except to the extent of a general salary reduction in all other branches of government in the county.

(4) Except Until September 30, 2021, except as provided in subsection (8), the total annual salary of a probate judge, including the salary provided in subsection (1) and any additional salary granted by the county under subsection (3), shall must not exceed $65,724.00.

(5) From Until September 30, 2021, from funds appropriated to the judiciary, the this state shall pay to a county described in subsection (1) a state salary standardization payment of $5,750.00 for each probate judge and an additional payment of $6,000.00 for each probate judge to offset the portion of minimum annual salary paid by the county.

(6) A Until September 30, 2021, a probate judge described in subsection (1) may receive an additional minimum annual salary, in addition to the $20,000.00 minimum annual salary described in subsection (1), if all of the following apply:

(a) The county board of commissioners approves payment to the probate judge of an additional salary from the county in the amount of $45,724.00 as provided in subsection (3).

(b) The county board of commissioners passes a resolution that includes all of the following:

(i) A determination of an amount that the county is willing to reimburse the this state as an additional minimum annual salary for the probate judge.

(ii) An agreement to immediately reimburse the this state for the additional minimum annual salary authorized under this subsection.

(iii) An agreement that the determination under subparagraph (i) will not be decreased decrease during the term of office of the probate judge.

(iv) An agreement that the amount of reimbursement for the additional minimum annual salary will not be decreased decrease during the term of office of the probate judge.

(c) The probate judge agrees in writing to the following:

(i) To participate in a plan of concurrent jurisdiction as provided in chapter 4.

(ii) To participate in a family court plan as provided in chapter 10.

(iii) To not engage in the practice of law other than as a judge.

(iv) That if he or she becomes included in section 821, any additional minimum annual salary authorized under this subsection would thereafter be considered part of the minimum annual salary described in section 821.

(d) The supreme court or the state court administrative office approves the payment of the additional minimum annual salary authorized under this subsection.

(7) The Until September 30, 2021, the additional minimum annual salary authorized under subsection (6) shall be is paid by the this state as a grant to the county, and the county shall in turn pay that amount to the probate judge in the same manner as provided in section 821(3). The county may increase the determination authorized under subsection (6)(b)(i) and its obligation to reimburse the this state during the term of office of the probate judge.

(8) The Until September 30, 2021, the total annual salary paid to a probate judge who receives an additional minimum annual salary under subsection (6), including the minimum annual salary provided in subsection (1), the additional county salary provided in subsection (3), and the additional minimum annual salary provided in subsection (6), shall must not exceed 85% of the salary of a justice of the supreme court. Beginning October 1, 2021, the total annual salary paid to a probate judge who receives the minimum annual salary provided in subsection (1) and the additional county salary provided in subsection (3) must not exceed 85% of the salary of a justice of the supreme court.

(9) If Until September 30, 2021, if a probate judge described in subsection (1) becomes included in section 821, any additional minimum annual salary authorized under subsection (6) shall must thereafter be considered part of the minimum annual salary described in section 821(2)(a), and the county's obligation to reimburse the this state under subsection (6) shall must cease.

(10) A Until September 30, 2021, a probate judge who receives an additional minimum annual salary under subsection (6) shall not engage in the practice of law other than as a judge.

Sec. 8202. (1) A district judge shall must receive an annual salary payable by this state as calculated under this section.

(2) In addition to the salary received from this state under subsection (1), (3), 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 must 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 must 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) Each district judge shall must receive an annual salary calculated as follows:

(a) A Until September 30, 2021, a minimum annual salary payable by the this state that is equal to the difference between 84% of the salary of a justice of the supreme court as of December 31, 2015 and $45,724.00. Beginning October 1, 2021, an annual salary payable by this state that is equal to 84% of the salary of a justice of the supreme court as of December 31, 2015 but may receive an additional salary as determined and payable by the county board of commissioners under subsection (2).

(b) In Until September 30, 2021, 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 receives neither less than nor more than $45,724.00, including any cost-of-living allowance, the this 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 payable by the this state that is 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, 2016. 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 must 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, 2016.

(4) A district judge who holds court in a county other than the county of the judge's residence shall must 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 must be paid out of the state treasury under the accounting laws of this state.

(5) Salaries of a district court judge may be increased increase but shall must not be decreased decrease during a term of office, except to the extent of a general salary reduction in all other branches of government.

(6) A judge of the district court is eligible to be a member of the Michigan judges retirement system created under the judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670.

(7) The district court in a district may hold evening and Saturday sessions.