Bill Text: MI HB5749 | 2021-2022 | 101st Legislature | Chaptered
Bill Title: Courts: district court; compensation for district court judges; increase. Amends sec. 8202 of 1961 PA 236 (MCL 600.8202).
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2022-08-17 - Assigned Pa 177'22 With Immediate Effect [HB5749 Detail]
Download: Michigan-2021-HB5749-Chaptered.html
Act No. 177
Public Acts of 2022
Approved by the Governor
July 21, 2022
Filed with the Secretary of State
July 21, 2022
EFFECTIVE DATE: July 21, 2022
state of michigan
101st Legislature
Regular session of 2022
Introduced by Reps. Fink, Howell, Haadsma, Bolden, Yaroch, Calley, Cambensy and Filler
ENROLLED HOUSE BILL No. 5749
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8202 (MCL 600.8202), as amended by 2016 PA 31.
The People of the State of Michigan enact:
Sec. 8202. (1) A district judge 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), 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 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 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) Until September 30, 2022, a district judge must receive an annual salary calculated as follows:
(a) A minimum annual salary payable by the 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.
(b) 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 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 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.
(4) Beginning October 1, 2022, a district judge must receive an annual salary that is equal to the annual salary of a probate judge calculated under section 821(2).
(5) A district judge who holds court in a county other than the county of the judge’s residence 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 must be paid out of the state treasury under the accounting laws of this state.
(6) Salaries of a district court judge may be increased but must not be decreased during a term of office, except to the extent of a general salary reduction in all other branches of government.
(7) 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.
(8) The district court in a district may hold evening and Saturday sessions.
This act
is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
