Bill Text: MI HB5131 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Legislature: apportionment; redistricting of court of appeals; provide for. Amends secs. 301, 302 & 303d of 1961 PA 236 (MCL 600.301 et seq.); adds sec. 303e & repeals secs. 303a, 303b & 303c of 1961 PA 236 (MCL 600.303a et seq.).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2023-10-17 - Bill Electronically Reproduced 10/12/2023 [HB5131 Detail]
Download: Michigan-2023-HB5131-Introduced.html
HOUSE BILL NO. 5131
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 301, 302, and 303d (MCL 600.301, 600.302, and 600.303d), section 301 as amended by 2012 PA 40, section 302 as amended by 2012 PA 624, and section 303d as amended by 2005 PA 326, and by adding section 303e; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 301. Except as otherwise provided in this section, the The court of appeals consists of 28 the number of judges as provided in section 303e and is a court of record. Beginning on the date as determined under section 303a, the court of appeals consists of 24 judges.
Sec. 302. The state is divided into 4 5 judicial districts for the election of judges of the court of appeals. Except as otherwise provided in this section, Beginning on the date as determined under section 303e, each district is entitled to 7 6 judges. Beginning on the date as determined under section 303a, each district is entitled to 6 judges. The districts are constituted and numbered as follows:
(a) District 1 consists of the counties of Branch, Hillsdale, Kalamazoo, Lenawee, Monroe, St. Joseph, and Wayne.
(b) District 2 consists of the counties of Genesee, Macomb, and Lapeer, Oakland, Saginaw, and Shiawassee.
(c) District 3 consists of the counties of Allegan, Barry, Berrien, Calhoun, Cass, Eaton, Ionia, Jackson, Kent, Mason, Montcalm, Muskegon, Newaygo, Oceana, Ottawa, Van Buren, and Washtenaw.Alcona, Alger, Alpena, Antrim, Baraga, Benzie, Charlevoix, Cheboygan, Chippewa, Clare, Crawford, Delta, Dickinson, Emmet, Gladwin, Gogebic, Grand Traverse, Houghton, Iron, Isabella, Kalkaska, Kent, Keweenaw, Lake, Leelanau, Luce, Mackinac, Manistee, Marquette, Mason, Mecosta, Menominee, Missaukee, Montcalm, Montmorency, Muskegon, Newaygo, Oceana, Ogemaw, Ontonagon, Osceola, Oscoda, Otsego, Presque Isle, Roscommon, Schoolcraft, and Wexford.
(d) District 4 consists of the counties of Alcona, Alger, Alpena, Antrim, Arenac, Baraga, Bay, Benzie, Charlevoix, Cheboygan, Chippewa, Clare, Clinton, Crawford, Delta, Dickinson, Emmet, Gladwin, Gogebic, Grand Traverse, Gratiot, Houghton, Huron, Ingham, Iosco, Iron, Isabella, Kalkaska, Keweenaw, Lake, Lapeer, Leelanau, Livingston, Luce, Mackinac, Manistee, Marquette, Mecosta, Menominee, Macomb, Midland, Missaukee, Montmorency, Ogemaw, Ontonagon, Osceola, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Sanilac, Schoolcraft, Shiawassee, St. Clair, and Tuscola. , and Wexford.
(e) District 5 consists of the counties of Allegan, Barry, Berrien, Branch, Calhoun, Cass, Eaton, Hillsdale, Ionia, Jackson, Kalamazoo, Ottawa, St. Joseph, Van Buren, and Washtenaw.
Sec. 303d. (1) To effectuate the transition from 3 districts having a total of 24 judges to 4 districts having a total of 28 judges, the following special provisions apply:
(a) The judgeship in district 1 filled on October 13, 1993 by an incumbent whose term expires January 1, 1995 and who is not eligible to seek reelection shall terminate January 1, 1995 and shall not be filled by election in 1994.
(b) To provide 7 judges in districts 3 and 4:
(i) In district 3, 4 new judgeships shall be filled by election in 1994. The candidate receiving the highest number of votes is elected for a term of 10 years, the candidates receiving the second and third highest number of votes are elected for terms of 8 years each, and the candidate receiving the fourth highest number of votes is elected for a term of 6 years.
(ii) In district 4, 1 new judgeship shall be filled by election in 1994. The candidate receiving the highest number of votes is elected for a term of 6 years.
(2) A Except as otherwise provided in this section, a judge of the court of appeals who is elected or appointed to a first term that begins on or after January 1, 1994 shall maintain offices only in the principal court of appeals offices in the district in which he or she the judge was elected or appointed or in another office located in the municipality where the principal court of appeals facilities are located. Beginning on the effective date of the amendatory act that added section 303e, a judge elected or appointed to district 4 or 5 may maintain an office in the principal court of appeals facilities in the county of Ingham.
Sec. 303e. To effectuate the transition from 4 districts that have a total of 25 judges on the effective date of the amendatory act that added this section to 5 districts that have a total of 30 judges, the following special provisions apply:
(a) The judgeship in district 1 occupied on October 1, 2023 by an incumbent whose term expires January 1, 2025 and who is not eligible to seek reelection terminates on January 1, 2025 and must not be filled by election in 2024.
(b) To provide 6 judges in districts 3, 4, and 5, all of the following apply:
(i) In district 3, 1 new judgeship shall be filled by election in 2024.
(ii) In district 4, 1 new judgeship shall be filled by election in 2024.
(iii) In district 5, 4 new judgeships shall be filled by election in 2024. The 2 candidates that receive the highest and second highest number of votes are each elected for a term of 10 years. The candidate that receives the third highest number of votes is elected for a term of 8 years. The candidate that receives the fourth highest number of votes is elected for a term of 6 years.
Enacting section 1. Sections 303a, 303b, and 303c of the revised judicature act of 1961, 1961 PA 236, MCL 600.303a, 600.303b, and 600.303c, are repealed.
