Bill Text: MI SB0765 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Public employees and officers: compensation and benefits; judge facing criminal charges; require to hold salary in escrow pending outcome of trial. Amends sec. 821 of 1961 PA 236 (MCL 600.821).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-02-04 - Referred To Committee On Judiciary And Public Safety [SB0765 Detail]
Download: Michigan-2019-SB0765-Introduced.html
SENATE BILL NO. 765
February 04, 2020, Introduced by Senators
RUNESTAD, THEIS, WOJNO, VICTORY, DALEY, LAUWERS, LUCIDO, GEISS, CHANG,
SCHMIDT, JOHNSON, ALEXANDER, MCMORROW, BARRETT, VANDERWALL, BULLOCK,
OUTMAN, MOSS, SANTANA, POLEHANKI, HOLLIER, MCBROOM, NESBITT, HERTEL and
ANANICH and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 821 (MCL 600.821), as amended by 2018 PA 6.
the people of the state of michigan enact:
Sec. 821. (1) Except for the probate judge in Keweenaw
County who is not a judge of the first probate district described in section
807, probate judges shall not engage in the practice of law other than as a
judge and must receive an annual salary as calculated under this section.
(2) Each Subject to subsection (6), each probate
judge shall receive an annual salary calculated as follows:
(a) A minimum annual
salary of the difference between 85% 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 paid by the
county or counties comprising a probate court district. If a probate judge
receives a total additional salary of $45,724.00 from the county or counties
comprising a probate court district, and receives neither less than nor more
than $45,724.00, including any cost-of-living allowance, the state shall
reimburse the county or counties the amount that the county or counties 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.
(3) Six thousand dollars
of the minimum annual salary provided in subsection (2) must be paid by the
county or counties comprising a probate court district, and the balance of that
minimum annual salary must be paid by the state as a grant to the county or the
counties comprising the probate court district. The county or counties
comprising the probate court district, shall in turn pay that amount to the
probate judge. The state shall annually reimburse the county or counties
$6,000.00 for each probate judge to offset the cost to the county or counties
under this section.
(4) The salary calculated
under this section is full compensation for all services performed by a probate
judge, except as otherwise provided by law. In a probate court district, each
county of the district shall contribute to the salary in the same proportion as
the population of the county bears to the population of the district.
(5) An additional salary
determined by the county board of commissioners may be increased during a term
of office but must not be decreased, except to the extent of a general salary
reduction in all other branches of government in the county. In a county where
an additional salary is granted, it must be paid at the same rate to all
probate judges regularly holding court in the county.
(6) If a probate
judge is charged with a felony and as a result his or her docket is removed or
he or she is suspended from acting as a probate judge, the portion of the
salary of that probate judge that accumulates during the time the docket of the
probate judge is removed or the probate judge is suspended will be held in
escrow by the state court administrative office pending the outcome of the
criminal proceeding. If the probate judge is convicted of the felony, the money
held in escrow under this subsection must be released to the state and to the
county or counties that contributed the salary. If the probate judge is found
not guilty of the felony or if the felony charge is dismissed, the money held
in escrow under this subsection must be released to the probate judge on his or
her reinstatement.
(7) As used in this section, "docket" means the legal causes to be tried by a judge.
