Bill Text: MI HB5191 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Courts; judges; magistrates; require to be licensed attorneys. Amends sec. 8507 of 1961 PA 236 (MCL 600.8507).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-06 - Printed Bill Filed 12/02/2011 [HB5191 Detail]
Download: Michigan-2011-HB5191-Introduced.html
HOUSE BILL No. 5191
December 1, 2011, Introduced by Rep. LeBlanc and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8507 (MCL 600.8507), as amended by 2005 PA 326.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8507. (1) Magistrates shall be registered electors in the
county in which they are appointed. Beginning January 1, 2013, a
person must be admitted to the practice of law in this state in
order to be appointed as a magistrate and must maintain that status
to remain serving as a magistrate. All magistrates appointed shall
serve at the pleasure of the judges of the district court. Before
assuming office, persons appointed magistrates shall take the
constitutional oath of office and file a bond with the treasurer of
a district funding unit of that district in an amount determined by
the state court administrator. The bond shall also apply to
temporary service in another county under subsection (2), (3), or
(4),
or pursuant to within a multiple district plan under
subsection (5).
(2) In a district of the first class that consists of more
than 1 county, if a magistrate is temporarily absent or
incapacitated, the chief or only district judge may direct a
magistrate of another county of the same district to serve
temporarily in the county where the magistrate is temporarily
absent or incapacitated. The district judge shall make his or her
order in writing. A magistrate serving temporarily under this
subsection is not entitled to additional compensation but shall be
reimbursed for actual and necessary expenses incurred during the
authorized temporary service upon certification and approval by the
state court administrator. Upon allowance, the reimbursement shall
be paid by the state treasurer out of the appropriation for the
state court administrative office.
(3) In a district of the first class that consists of more
than 1 county, the chief or only district judge may authorize a
magistrate appointed in 1 county to serve in another county in the
district.
(4)
Pursuant to Under a multiple district plan created under
section 8320 involving adjoining districts of the first class, a
district court magistrate appointed in a county of 1 district may
be authorized to serve in a county of the adjoining district. While
serving
in the adjoining district, the magistrate shall be is
subject to the superintending control of the chief or only district
judge of that district.
(5)
Pursuant to Under a multiple district plan created under
section 8320 involving districts in the same county, a district
court magistrate may be authorized to serve in any participating
district of the county.
