Bill Text: MI SB0709 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Courts; reorganization; number of judgeships; modify, and provide for certain redistricting. Amends secs. 401, 507, 517, 803, 808, 841, 8115, 8121a, 8123, 8159, 8162 & 8304 of 1961 PA 236 (MCL 600.401 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-02-03 - Referred To Committee On Judiciary [SB0709 Detail]
Download: Michigan-2015-SB0709-Engrossed.html
SB-0709, As Passed Senate, February 3, 2016
SENATE BILL No. 709
(As amended February 3, 2016)
January 14, 2016, Introduced by Senator JONES and referred to the Committee on Judiciary.
<<A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 401, 507, 517, 519, 803, 841, 8115, 8121a,
8123, 8139, and 8304 (MCL 600.401, 600.507, 600.517, 600.519, 600.803,
600.841, 600.8115, 600.8121a, 600.8123, 600.8139, and 600.8304),
section 401 as amended by 2012 PA 338, section 507 as amended
by 2014 PA 57, section 517 as amended by 2014 PA 56, section 519
as amended by 2012 PA 38, section 803 as amended by 2012 PA 36,
sections 841 and 8304 as amended by 2013 PA 164, and sections 8121a
and 8123 as amended by 2014 PA 58.>>
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 401. (1) Within each judicial circuit, subject to
approval by the supreme court and to the limitations contained in
sections 410, 841, and 8304, a plan of concurrent jurisdiction
shall be adopted by a majority vote of all of the judges of the
trial courts in the plan unless a majority of all of the judges of
the trial courts in that judicial circuit vote not to have a plan
of concurrent jurisdiction. If a majority of all of the judges of
the trial courts in a judicial circuit vote not to have a plan of
concurrent jurisdiction, the chief judge of the circuit court of
that judicial circuit shall report the results of that vote to the
state court administrator.
(2) Among judicial circuits, subject to approval by the
supreme court and to the limitations contained in sections 410,
841, and 8304, a plan of concurrent jurisdiction may by adopted by
a majority vote of all of the judges of the trial courts in the
plan.
(3) (2)
A plan of concurrent jurisdiction
under this section
may provide for 1 or more of the following:
(a) The circuit court and 1 or more circuit judges may
exercise the power and jurisdiction of the probate court.
(b) The circuit court and 1 or more circuit judges may
exercise the power and jurisdiction of the district court.
(c) The probate court and 1 or more probate judges may
exercise the power and jurisdiction of the circuit court.
(d) The probate court and 1 or more probate judges may
exercise the power and jurisdiction of the district court.
(e) The district court and 1 or more district judges may
exercise the power and jurisdiction of the circuit court.
(f) The district court and 1 or more district judges may
exercise the power and jurisdiction of the probate court.
(g) If there are multiple district court districts within the
judicial circuit, 1 or more district judges may exercise the power
and jurisdiction of judge of another district court district within
the judicial circuit.
(h) If the plan involves multiple circuits, 1 or more district
judges may exercise the power and jurisdiction of judge of another
district court district within the judicial circuits.
(i) If the plan involves multiple circuits, 1 or more probate
judges may exercise the power and jurisdiction of judge of another
probate court within the judicial circuits.
(j) If the plan involves multiple circuits, 1 or more circuit
judges may exercise the power and jurisdiction of judge of another
circuit court within the judicial circuits.
(4) (3)
A plan of concurrent jurisdiction
under this section
shall provide for the transfer or assignment of cases between the
trial courts affected by the plan and to individual judges of those
courts as necessary to implement the plan and to fairly distribute
the workload among those judges.
(5) (4)
A plan of concurrent jurisdiction
under this section
may include agreements as to other matters involving the operation
of the trial courts participating in the plan, as approved by the
supreme court.
(6) (5)
A plan of concurrent jurisdiction
becomes effective
upon the approval of the plan by the supreme court.
(7) (6)
This section does not apply to the
counties of
Genesee, Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne, which
have district court districts of the third class.
Sec. 507. (1) The sixth judicial circuit consists of the
county of Oakland and, except as otherwise provided in this
section, has 19 judges.
(2)
Subject to section 550, this circuit has 18 judges during
the
period beginning 12 noon, January 1, 2011 and ending 12 noon,
January
1, 2015. The judgeship temporarily eliminated from this
circuit
during the period of January 1, 2011 to January 1, 2015
shall
be the judgeship of a judge who is not eligible to run for
reelection
due to constitutional limitation on January 5, 2010. In
the
2014 election, the initial term of office of the judgeship
being
restored shall be 8 years.
(2) (3)
Subject to section 550, this
judicial circuit may have
1 additional judge beginning January 1, 2019.
(3) Subject to section 550, this judicial circuit may have 1
additional judge beginning January 1, 2021.
Sec. 517. (1) The sixteenth judicial circuit consists of the
county of Macomb and, except as otherwise provided in this section,
has 13 judges.
(2) Subject to section 550, this circuit has 12 judges during
the period beginning 12 noon, January 1, 2011 and ending 12 noon,
January 1, 2017. The 1 judgeship temporarily eliminated from this
circuit during the period of January 1, 2011 to January 1, 2017
shall be the judgeship of a judge who is not eligible to run for
reelection due to constitutional limitation on January 5, 2010.
(3) Subject to section 550, this judicial circuit may have 1
additional judge beginning January 1, 2017.
(4) Subject to section 550, this judicial circuit may have 1
Senate Bill No. 709 as amended February 2, 2016
additional judge beginning January 1, 2019. if this new judgeship
is added to the sixteenth judicial circuit, the initial term of
office of the judgeship shall be 8 years.
(5) Subject to section 550, this judicial circuit may have 1
additional judge beginning January 1, 2021.
<<Sec. 519. (1) Except as provided in subsection (2), the The
eighteenth judicial circuit consists of the county of Bay and has 3
judges.
(2) Beginning on the earlier of the
following dates, the
eighteenth judicial circuit has 2 judges:
(a) The date on which a vacancy
occurs in the office of circuit
judge in the eighteenth judicial circuit.
(b) The beginning date of the term for which an
incumbent circuit
judge in the eighteenth judicial circuit no longer seeks
election or
reelection to that office.>>
Sec. 803. (1) Except as otherwise provided in this section,
each county that is not part of a probate court district created by
law has 1 judge of probate.
(2) Each probate court district created by law has 1 judge of
probate.
(3) The county of Sanilac has 1 judge of probate. Under
section 15 of article VI of the state constitution of 1963, the
office of probate judge for the county of Sanilac shall be combined
with the office of judge of the seventy-third-a judicial district,
and the incumbent judge of the seventy-third-a judicial district
shall become the probate judge for the county of Sanilac for the
balance of the term to which he or she was elected.
(4) The county of Huron 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 Huron shall be combined with the office of judge of the
seventy-third-b judicial district, and the county of Huron shall
have 2 judges of probate. The judgeship added under this
subdivision shall be filled by the incumbent judge of the seventy-
third-b judicial district, who shall become a probate judge for the
county of Huron for the balance of the term to which he or she was
elected.
(c) Beginning the earlier of the following dates, the county
of Huron 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) 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
Senate Bill No. 709 as amended February 2, 2016
to that office.
<<
(6)>>The counties of Berrien, Genesee, Ingham, Macomb,
Monroe,
Muskegon, Saginaw, St. Clair, and Washtenaw each has have 2
judges of probate.
<< (7)>> The county of Kalamazoo has 3 judges of probate.
<< (8)>> The county of Kent has 4 judges of probate.
<< (9)>> The county of Oakland has 4 judges of probate.
Senate Bill No. 709 as amended February 2, 2016
<< (10)>>The county of Wayne has 8 judges of probate.
<<(11)>> Except as provided in this subsection, the county of
Ingham has 2 judges of probate. Beginning on the earlier of the
following dates, the county of Ingham has 1 judge of probate:
(a) The date on which a vacancy occurs in the office of
probate judge in Ingham County, unless the vacancy occurs after the
vacating judge has been defeated in a primary or general election.
(b) The beginning date of the term for which an incumbent
probate judge in Ingham County no longer seeks election or
reelection to that office.
<<
(12)>> EXCEPT AS PROVIDED IN THIS SUBSECTION, THE COUNTY OF
SAGINAW HAS 2 JUDGES OF PROBATE. BEGINNING ON THE EARLIER OF THE
FOLLOWING DATES, THE COUNTY OF SAGINAW HAS 1 JUDGE OF PROBATE:
(a) THE DATE ON WICH A VACANCY OCCURS IN THE OFFICE OF
PROBATE JUDGE IN SAGINAW COUNTY, UNLESS THE VACANCY OCCURS AFTER
THE VACATING JUDGE HAS BEEN DEFEATED IN A PRIMARY OR GENERAL
ELECTION.
(B) THE BEGINNING DATE OF THE TERM FOR WHICH AS INCUMBENT
Senate Bill No. 709 as amended February 2, 2016
PROBATE JUDGE IN SAGINAW COUNTY NO LONGER SEEKS ELECTION OR
REELECTION TO THAT OFFICE.
(13)>> Except as provided in this subsection, the county of St.
Clair has 2 judges of probate. Beginning on the earlier of the
following dates, the county of St. Clair has 1 judge of probate:
(a) The date on which a vacancy occurs in the office of
probate judge in St. Clair County, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(b) The beginning date of the term for which an incumbent
probate judge in St. Clair County no longer seeks election or
reelection to that office.
<<(14)>> (11) When
1 or more new judges of probate are authorized
in a county 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.
<<
Senate Bill No. 709 as amended February 2, 2016
Senate Bill No. 709 as amended February 2, 2016
>>
Sec. 841. (1) The probate court has jurisdiction and power as
follows:
(a) As conferred upon it under the estates and protected
individuals code, 1998 PA 386, MCL 700.1101 to 700.8206.
(b) As conferred upon it under the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106.
(c) As conferred upon it under this act.
(d) As conferred upon it under another law or compact.
(2) In a judicial circuit or circuits in which the probate
court is affected by a plan of concurrent jurisdiction adopted
under chapter 4, the probate court has concurrent jurisdiction with
the circuit court or the district court, or both, as provided in
the plan of concurrent jurisdiction, except as to the following
matters:
(a) The circuit court has exclusive jurisdiction over appeals
from the district court and from administrative agencies as
authorized by law.
(b) The circuit court has exclusive jurisdiction and power to
issue, hear, and determine prerogative and remedial writs
consistent with section 13 of article VI of the state constitution
of 1963.
Sec.
8115. (1) The Except
as provided in subsection (2), the
fifth district consists of the county of Berrien, is a district of
the first class and has 5 judges.
(2) Beginning on the earlier of the following dates, the fifth
district has 4 judges:
(a) The date on which a vacancy occurs in the office of
district judge in the fifth district, unless the vacancy occurs
after the vacating judge has been defeated in a primary or general
election.
(b) The beginning date of the term for which an incumbent
district judge in the fifth district no longer seeks election or
reelection to that office.
Sec.
8121a. (1) The Except
as provided in subsection (2), the
thirty-sixth district consists of the city of Detroit, is a
district
of the third class, and has the following number of
judges:30 judges.
(a)
Until 12 noon, January 1, 2015, 31 judges.
(b)
Beginning 12 noon, January 1, 2015, 30 judges. The 1
judgeship
eliminated from this district at 12 noon, January 1, 2015
shall
be the judgeship of a judge who is not eligible to run for
reelection
in 2014 due to constitutional limitation on the
effective
date of the amendatory act that added this subdivision.
(2) Beginning on the earlier of the following dates, the
thirty-sixth district has 29 judges:
(a) The date on which a vacancy occurs in the office of
district judge in the thirty-sixth judicial district, unless that
vacancy occurs after the vacating judge has been defeated in a
primary or general election.
(b) The beginning date of the term for which an incumbent
district judge in the thirty-sixth judicial district no longer
seeks election or reelection to that office.
Sec. 8123. (1) The forty-third district consists of the cities
of Madison Heights, Ferndale, and Hazel Park, is a district of the
third class, and has 3 judges.
(2)
Except as otherwise provided in this subsection, the The
forty-fourth
district consists of the city cities
of Royal Oak and
Berkley, is a district of the third class, and has 2 judges.
Beginning
January 2, 2015, the forty-fourth district consists of
the
cities of Royal Oak and Berkley and has the following number of
judges:
(a)
Until the dates determined under subdivisions (b) and (c),
3
judges.
(b)
Beginning January 3, 2015, the forty-fourth district has 2
judges
beginning on the earlier of the following dates:
(i) The date on which a vacancy occurs in the office
of
district
judge in the forty-fourth district, unless the vacancy
occurs
after the vacating judge has been defeated in a primary or
general
election.
(ii) The beginning date of the term for which an
incumbent
district
judge in the forty-fourth district no longer seeks
election
or reelection to that office.
(c)
Following the reduction in the number of judgeships from 3
to
2 under subdivision (b), the forty-fourth district has 1 judge
beginning
on the earlier of the following dates:
(i) The date on which a vacancy occurs in the office
of
district
judge in the forty-fourth district, unless the vacancy
occurs
after the vacating judge has been defeated in a primary or
general
election.
(ii) The beginning date of the term for which an
incumbent
district
judge in the forty-fourth district no longer seeks
election
or reelection to that office.
(3) Except as otherwise provided in this subsection, the
forty-fifth-a district is created, consists of the city of Berkley,
is a district of the third class, and has 1 judge. The person
serving as judge of the forty-fifth-a district on June 30, 2012, or
his or her successor, shall serve as judge of the forty-fifth-a
district until that district is abolished under this subsection.
For purposes of the November 2014 general election only, the term
of the person elected district judge in the forty-fifth-a district
is 8 years. Beginning January 2, 2015, the forty-fifth-a district
is abolished and the judge of the forty-fifth-a district shall
become a judge of the forty-fourth district for the balance of the
term to which he or she was elected or appointed. Sections 8175 and
8176 do not apply to the reorganization of the forty-fourth, forty-
fifth, forty-fifth-a, and forty-fifth-b districts. Any physical
reorganization required to accomplish the reorganization of
district boundaries under this subsection and subsection (2) shall
be completed no later than January 1, 2021.
(4) Except as otherwise provided in this subsection, the
forty-fifth-b district consists of the cities of Huntington Woods,
Oak Park, and Pleasant Ridge and the township of Royal Oak in the
county of Oakland, is a district of the third class, and has 2
judges. Beginning July 1, 2012, the forty-fifth district is
created. The forty-fifth district consists of the cities of
Huntington Woods, Oak Park, and Pleasant Ridge and the township of
Royal Oak in the county of Oakland, is a district of the third
class, and has 2 judges. Beginning July 1, 2012, the forty-fifth-b
district is abolished and the judges of the forty-fifth-b district
shall become judges of the forty-fifth district for the balance of
the term to which they were elected or appointed. For purposes of
the November 2014 general election only, the term of the candidate
for district judge in the forty-fifth judicial district who
receives the greatest number of votes is 8 years and the term of
the candidate for district judge in the forty-fifth judicial
district who receives the second greatest number of votes is 6
years.
(5) The forty-sixth district consists of the cities of
Southfield and Lathrup Village and the township of Southfield in
the county of Oakland, is a district of the third class, and has 3
judges.
(6) The forty-seventh district consists of the cities of
Farmington and Farmington Hills, is a district of the third class,
and has 2 judges.
(7) The forty-eighth district consists of the cities of
Birmingham, Bloomfield Hills, Sylvan Lake, Keego Harbor, and
Orchard Lake Village and the townships of Bloomfield and West
Bloomfield in the county of Oakland, is a district of the third
class, and has the following number of judges:
(a) Until the date determined under subdivision (b), the
forty-eighth district has 3 judges.
Senate Bill No. 709 as amended February 2, 2016
(b) The forty-eighth district has 2 judges beginning on the
earlier of the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in this district, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(ii) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(8) The fiftieth district consists of the city of Pontiac, is
a district of the third class, and has the following number of
judges:
(a) Until the date determined under subdivision (b), 4 judges.
(b) The fiftieth district has 3 judges beginning on the
earlier of the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in this district, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(ii) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(9) The fifty-first district consists of the township of
Waterford in the county of Oakland, is a district of the third
class,
and has <<2 judges1 JUDGE>>.
(10) The fifty-second district consists of the county of
Oakland except the cities of Madison Heights, Ferndale, Hazel Park,
Royal Oak, Berkley, Huntington Woods, Oak Park, Pleasant Ridge,
Southfield, Lathrup Village, Farmington, Farmington Hills,
Northville, Sylvan Lake, Keego Harbor, Orchard Lake Village,
Birmingham, Bloomfield Hills, and Pontiac and the townships of
Royal Oak, Southfield, West Bloomfield, Bloomfield, and Waterford,
is a district of the second class, and, except as provided in
subsection (11), has 10 judges and is divided into the following
election divisions:
(a) The first division consists of the cities of Novi, South
Lyon, Wixom, and Walled Lake and the townships of Milford,
Highland, Commerce, Lyon, and Novi and has 3 judges.
(b) The second division consists of the city of the village of
Clarkston and the townships of Springfield, Independence, Holly,
Groveland, Brandon, Rose, and White Lake and has 2 judges.
(c) The third division consists of the cities of Rochester,
Auburn Hills, Rochester Hills, and Lake Angelus and the townships
of Oxford, Addison, Orion, and Oakland and has 3 judges.
(d) The fourth division consists of the cities of Troy and
Clawson and has 2 judges.
(11) Beginning on the earlier of the following dates, the
fifty-second district remains divided in the election divisions
reflected in subsection (10), but has 9 judges:
(a) The date on which a vacancy occurs in the office of
district judge in the first or third division of the fifty-second
district, unless the vacancy occurs after the vacating judge has
been defeated in a primary or general election.
(b) The beginning date of the term for which an incumbent
Senate Bill No. 709 as amended February 2, 2016
district judge in the first or third division of the fifty-second
district no longer seeks election or reelection to that office.
<<Sec. 8139. (1) The Except as provided in subsection
(2), the
seventy-fourth district consists of the county of Bay, is a district
of the first class and has 3 judges.
(2) Beginning on the earlier of the following dates, the seventy-
fourth district has 2 judges:
(A) The date on which a vacancy occurs in the office of the
district judge in the seventy-fourth district, unless the vacancy
occurs after the vacating judge has been defeated in a primary or
general election.
(B) The beginning date of the term for which an incumbent
district judge in the seventy-fourth district no longer seeks election
or reelection to that office as an incumbent.
Senate Bill No. 709 as amended February 2, 2016
>>
Sec. 8304. In a district court district in which the district
court is affected by a plan of concurrent jurisdiction adopted
under chapter 4, the district court has concurrent jurisdiction
with the circuit court or courts or the probate court or courts, or
both, as provided in the plan of concurrent jurisdiction, except as
to the following matters:
(a) The circuit court has exclusive jurisdiction over appeals
from the district court and from administrative agencies as
authorized by statute.
(b) The circuit court has exclusive jurisdiction and power to
issue, hear, and determine prerogative and remedial writs
consistent with section 13 of article VI of the state constitution
of 1963. This subsection does not limit the district court's
authority to issue writs specifically authorized in statute or
court rule.
