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