Bill Text: MI HB5108 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Courts; judges; probate court judgeships; reduce in number. Amends secs. 803, 805, 8112, 8132, 8156 & 8159 of 1961 PA 236 (MCL 600.803 et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-15 - Referred To Committee On Judiciary [HB5108 Detail]

Download: Michigan-2011-HB5108-Engrossed.html

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HB-5108, As Passed House, December 14, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5108

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 803, 8112, 8156, and 8159 (MCL 600.803,

 

600.8112, 600.8156, and 600.8159), section 803 as amended by 2002

 

PA 715 and section 8112 as amended by 1998 PA 13.

 

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 sections 808 to 810 or previously created

 

pursuant to law shall have at least by law has 1 judge of probate.

 

     (2) Each probate court district created pursuant to by law

 

shall have has 1 judge of probate.

 

     (3) The county of Chippewa has the following number of judges

 

of probate:

 

     (a) Until April 1, 2012, 1 judge.

 

     (b) Beginning April 1, 2012, under section 15 of article VI of

 

the state constitution of 1963, the office of probate judge for the

 

county of Chippewa shall be combined with the office of judge of

 

the ninety-first judicial district, and the county of Chippewa

 

shall have 2 judges of probate. The judgeship added under this

 

subdivision shall be filled by the incumbent judge of the ninety-

 

first judicial district, who shall become a probate judge for the

 

county of Chippewa for the balance of the term to which he or she

 

was elected.

 

     (c) Beginning the earlier of the following dates, the county

 

of Chippewa has 1 judge of probate:

 

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

 

judge in this county.

 

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

 

probate judge in this county no longer seeks election or reelection

 

to that office.

 

     (4) The county of Delta has the following number of judges of

 

probate:

 

     (a) Until April 1, 2012, 1 judge.

 

     (b) Beginning April 1, 2012, under section 15 of article VI of

 

the state constitution of 1963, the office of probate judge for the

 

county of Delta shall be combined with the office of judge of the

 

ninety-fourth judicial district, and the county of Delta shall have

 

2 judges of probate. The judgeship added under this subdivision

 

shall be filled by the incumbent judge of the ninety-fourth

 

judicial district, who shall become a probate judge for the county

 

of Delta for the balance of the term to which he or she was

 

elected.

 

     (c) Beginning the earlier of the following dates, the county

 

of Delta has 1 judge of probate:

 

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

 

judge in this county.

 

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

 

probate judge in this county no longer seeks election or reelection

 

to that office.

 

     (5) (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.

 

     (6) The county of Kalamazoo shall have has 3 judges of

 

probate.

 

     (7) The county of Kent shall have has 4 judges of probate.

 

     (8) The county of Oakland shall have has 4 judges of probate.

 

     (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.

 

     (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. 8112. (1) Except as provided in subsection (2), the

 

second district consists of the counties of Lenawee and Hillsdale,

 

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

 

election divisions:

 

     (a) The first division consists of the county of Lenawee and

 

has 2 judges.

 

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

 

and has 1 judge.

 

     (2) Effective January 1, 1999, if the county of Lenawee

 

approves the creation of the second-a district pursuant to law, and

 

if the county of Hillsdale approves the creation of the second-b

 

district pursuant to law, both of the following apply:

 

     (1) (a) The second-a district consists of the county of

 

Lenawee, is a district of the first class, and has 2 judges.

 

     (2) (b) The Until 12 noon, January 1, 2015, the second-b

 

district consists of the county of Hillsdale, is a district of the

 

first class, and has 1 judge. Beginning 12 noon, January 1, 2015,

 

the second-b district consists of the county of Hillsdale and is a

 

district of the first class. Under section 810a, the probate judge

 

for the county of Hillsdale shall serve as judge of the second-b

 

district.

 

     Sec. 8156. The Until April 1, 2012, the ninety-first district

 

consists of the county of Chippewa, is a district of the first

 

class, and has 1 judge. Beginning April 1, 2012, the ninety-first

 

district consists of the county of Chippewa and is a district of

 

the first class. Under section 810a, a probate judge for the county

 

of Chippewa shall serve as judge of the ninety-first district.

 

     Sec. 8159. The Until April 1, 2012, the ninety-fourth district

 

consists of the county of Delta, is a district of the first class,

 

and has 1 judge. Beginning April 1, 2012, 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.