HB-5160, As Passed House, December 1, 2011

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5160

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 302 (MCL 600.302), as amended by 2001 PA 117.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 302. (1) The state is divided into 4 judicial districts

 

for the election of judges of the court of appeals. Each Except as

 

otherwise provided in subsections (3) and (4), each district is

 

entitled to 7 judges. The Except as otherwise provided in

 

subsection (2), the districts are constituted and numbered as

 

follows:

 

     (a) District 1 consists of the counties of Calhoun, Hillsdale,

 

Lenawee, Monroe, and Wayne.

 

     (b) District 2 consists of the counties of Genesee, Macomb,

 

Oakland, and Shiawassee.

 

     (c) District 3 consists of the counties of Allegan, Barry,

 

Berrien, Branch, Cass, Eaton, Ionia, Jackson, Kalamazoo, Kent,

 

Muskegon, Newaygo, Ottawa, St. Joseph, Van Buren, and Washtenaw.

 

     (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, Mason, Mecosta,

 

Menominee, Midland, Missaukee, Montcalm, Montmorency, Oceana,

 

Ogemaw, Ontonagon, Osceola, Oscoda, Otsego, Presque Isle,

 

Roscommon, Saginaw, Sanilac, Schoolcraft, St. Clair, Tuscola, and

 

Wexford.

 

     (2) Beginning on the effective date of the amendatory act that

 

added this subsection, the districts are constituted and numbered

 

as follows:

 

     (a) District 1 consists of the counties of Barry, Calhoun,

 

Hillsdale, Jackson, Lenawee, Monroe, and Wayne.

 

     (b) District 2 consists of the counties of Genesee, Macomb,

 

and Oakland.

 

     (c) District 3 consists of the counties of Allegan, Benzie,

 

Berrien, Branch, Cass, Clare, Crawford, Eaton, Gladwin, Ionia,

 

Isabella, Kalamazoo, Kalkaska, Kent, Lake, Manistee, Mason,

 

Mecosta, Missaukee, Montcalm, Muskegon, Newago, Oceana, Ogemaw,

 

Osceola, Ottawa, Roscommon, St. Joseph, and Van Buren.

 

     (d) District 4 consists of the counties of Alcona, Alger,

 

Alpena, Antrim, Arenac, Baraga, Bay, Charlevoix, Cheboygan,

 

Chippewa, Clinton, Delta, Dickinson, Emmet, Gogebic, Grand

 

Traverse, Gratiot, Houghton, Huron, Ingham, Iosco, Iron, Keweenaw,

 

Lapeer, Leelanau, Livingston, Luce, Mackinac, Marquette, Menominee,

 

Midland, Montmorency, Ontonagon, Oscoda, Otsego, Presque Isle,

 

Saginaw, Sanilac, Schoolcraft, Shiawassee, St. Clair, Tuscola,

 

Washtenaw, and Wexford.

 

     (3) To provide 7 judges in district 2 and 7 judges in district

 

4:

 

     (a) Until there are 7 incumbent judges in each district, 1

 

judgeship shall be moved from district 4 to district 2 at the end

 

of the term or the occurrence of a vacancy in office for the first

 

incumbent judge of the court of appeals after the effective date of

 

the amendatory act that added this subsection who is

 

constitutionally ineligible to seek reelection because of age under

 

section 19 of article VI of the state constitution of 1963.

 

     (b) District 2 shall consist of 7 judges when a judgeship is

 

moved under subdivision (a). A judgeship moved under subdivision

 

(a) for reason of vacancy shall be filled by appointment by the

 

governor pursuant to section 23 of article VI of the state

 

constitution of 1963. A judgeship moved under subdivision (a) at

 

the end of the term shall be filled by election as provided by law.

 

     (4) To provide 7 judges in district 1 and 7 judges in district

 

3, until there are 7 incumbent judges in each district, any vacancy

 

that exists on the effective date on the amendatory act that added

 

this subsection shall be filled by appointment by the governor

 

pursuant to section 23 of article VI of the state constitution of

 

1963.