Bill Text: MI SB0849 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Legislature; apportionment; redistricting of the court of appeals; provide for. Amends secs. 301 & 302 of 1961 PA 236 (MCL 600.301 & 600.302) & adds sec. 303a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-03-08 - Assigned Pa 0040'12 With Immediate Effect [SB0849 Detail]
Download: Michigan-2011-SB0849-Engrossed.html
SB-0849, As Passed House, February 21, 2012
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 849
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 301 and 302 (MCL 600.301 and 600.302), section
301 as amended by 1993 PA 190 and section 302 as amended by 2001 PA
117, and by adding section 303a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
301. The Except as
otherwise provided in this section,
the court of appeals consists of 28 judges 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. (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 this section, each district is entitled to 7
judges.
The Beginning on the date
as determined under section 303a,
each district is entitled to 6 judges. 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 Branch, Hillsdale,
Kalamazoo, Lenawee, Monroe, St. Joseph, and Wayne.
(b) District 2 consists of the counties of Genesee, Macomb,
and Oakland.
(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.
(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, Midland, Missaukee, Montmorency, Ogemaw, Ontonagon,
Osceola, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Sanilac,
Schoolcraft, Shiawassee, St. Clair, Tuscola, and Wexford.
Sec. 303a. To effectuate the transition to 6 judges in each
district, each district is entitled to 6 judges as follows:
(a) If there are not more than 6 incumbent court of appeals
judges in a district on the effective date of the amendatory act
that added this section, the number of judgeships in that district
shall remain at 6.
(b) If there are more than 6 court of appeals judgeships in a
district on the effective date of the amendatory act that added
this section and 1 of those judgeships is vacant, that judgeship is
eliminated. If more than 1 of the judgeships in that district is
vacant, only the vacant judgeship with the shortest remaining term
is eliminated. If the elimination of a judgeship results in 6
incumbent court of appeals judges in that district, the number of
judgeships in that district shall remain at 6.
(c) Except as otherwise provided in this subdivision, if there
are more than 6 court of appeals judgeships in a district on the
effective date of the amendatory act that added this section and
there are no judgeships to be eliminated under subdivision (b), 1
judgeship shall be eliminated from the district at the end of the
term for which an incumbent judge of the court of appeals does not
seek election or reelection to that office until there are 6
incumbent judges in that district. Thereafter, the number of
judgeships in the district shall remain at 6. However, a judgeship
held by an incumbent judge who is serving by appointment of the
governor shall not be eliminated under this subdivision unless the
judge does not seek election at the first general election held
after the vacancy to which he or she was appointed occurred, as
provided in section 23 of article VI of the state constitution of
1963, or does not seek reelection at the end of a subsequent term.
Enacting section 1. This amendatory act takes effect March 25,
2012.
