Bill Text: MI HB5458 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Courts; judges; number of judgeships in certain circuits; reduce temporarily. Amends secs. 507, 511, 517, 519, 521, 531, 532, 549 & 550 of 1961 PA 236 (MCL 600.507 et seq.) & adds sec. 550b.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2010-01-13 - Referred To Committee On Judiciary [HB5458 Detail]
Download: Michigan-2009-HB5458-Introduced.html
HOUSE BILL No. 5458
September 23, 2009, Introduced by Reps. Switalski, Miller, Meadows, Haase, Hammel, Haugh, Kandrevas and Roberts and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 507, 511, 517, 519, 521, 531, 532, 549, and
550 (MCL 600.507, 600.511, 600.517, 600.519, 600.521, 600.531,
600.532, 600.549, and 600.550), section 507 as amended by 2006 PA
607, section 517 as amended by 2006 PA 101, section 521 as amended
by 2001 PA 256, and sections 549 and 550 as amended by 1990 PA 54,
and by adding section 550b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 507. (1) The sixth judicial circuit consists of the
county of Oakland and, except as provided in subsection (2), has 19
judges.
Subject to section 550, this judicial circuit may have 1
additional
judge effective January 1, 2009.
(2) Subject to section 550b, this circuit shall have 18 judges
during the period beginning 12 noon, January 1, 2011 and ending 12
noon, January 1, 2013. 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 the effective
date of the amendatory act that added this subsection.
Sec. 511. (1) The tenth judicial circuit consists of the
county of Saginaw and, except as provided in subsection (2), has 5
judges.
(2) Subject to section 550b, this circuit shall have 4 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 the effective
date of the amendatory act that added this subsection.
Sec. 517. (1) The sixteenth judicial circuit consists of the
county
of Macomb and, except as provided
in subsection (2), has 12
13
judges. Subject to section 550, this
circuit may have 1
additional
judge effective January 1, 2007.
(2) Subject to section 550b, this circuit shall have 11 judges
during the period beginning 12 noon, January 1, 2011 and ending 12
noon, January 1, 2015. The 2 judgeships temporarily eliminated from
this circuit during the period of January 1, 2011 to January 1,
2015 shall be the judgeships of those judges who are not eligible
to run for reelection due to constitutional limitation on the
effective date of the amendatory act that added this subsection.
Sec. 519. (1) The eighteenth judicial circuit consists of the
county of Bay and, except as provided in subsection (2), has 3
judges.
(2) Subject to section 550b, this circuit shall have 2 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 the effective
date of the amendatory act that added this subsection.
Sec. 521. (1) The twentieth judicial circuit consists of the
county
of Ottawa and, except as provided
in subsection (2), has 3 4
judges.
Subject to section 550, the twentieth judicial circuit may
have
1 additional judge effective January
1, 2005.
(2) Subject to section 550b, this circuit shall have 3 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 the effective
date of the amendatory act that added this subsection.
Sec. 531. (1) The thirtieth judicial circuit consists of the
county of Ingham and, except as provided in subsection (2), has 7
judges.
(2) Subject to section 550b, this circuit shall have 6 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 the effective
date of the amendatory act that added this subsection.
Sec. 532. (1) The thirty-first judicial circuit consists of
the county of St. Clair and, except as provided in subsection (2),
has 3 judges.
(2) Subject to section 550b, this circuit shall have 2 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 the effective
date of the amendatory act that added this subsection.
Sec. 549. (1) The forty-eighth judicial circuit consists of
the county of Allegan and, except as provided in subsection (2),
has
1 judge 2 judges. Subject to section 550, the forty-eighth
judicial
circuit may have 1 additional judge effective January 1,
1991.
(2) Subject to section 550b, this circuit shall have 1 judge
during the period beginning 12 noon, January 1, 2011 and ending 12
noon, January 1, 2013. The judgeship temporarily eliminated from
this circuit during the period of January 1, 2011 to January 1,
2013 shall be the judgeship of a judge who is not eligible to run
for reelection due to constitutional limitation on the effective
date of the amendatory act that added this subsection.
Sec. 550. (1) An additional circuit judgeship permitted by
this chapter shall not be authorized to be filled by election
unless each county in the circuit, by resolution adopted by the
county board of commissioners, approves the creation of that
judgeship and unless the clerk of each county adopting such a
resolution files a copy of the resolution with the state court
administrator not later than 4 p.m. of the sixteenth Tuesday
preceding the August primary for the election to fill the
additional circuit judgeship. The state court administrator shall
immediately notify the elections division of the department of
state with respect to each new circuit judgeship authorized
pursuant to this subsection.
(2) A resolution required under subsection (1) that is filed
before the effective date of the amendatory act that authorized
that judgeship is a valid approval of the judgeship for purposes of
this section only if the filing occurs within the 2-year state
legislative session during which the amendatory act was enacted. A
resolution required under subsection (1) that is filed after the
effective date of the amendatory act that added that judgeship is a
valid approval of the judgeship for purposes of this section only
if the filing occurs not later than 4 p.m. of the sixteenth Tuesday
preceding the August primary for the election immediately preceding
the effective date of the additional judgeship.
(3) By permitting an additional judgeship, the legislature is
not creating that judgeship. If a county, acting through its board
of commissioners, approves the creation of an additional circuit
judgeship, that approval constitutes an exercise of the county's
option to provide a new activity or service or to increase the
level of activity or service offered in the county beyond that
required by existing law, as the elements of that option are
defined
by Act No. 101 of the Public Acts of 1979, being sections
21.231
to 21.244 of the Michigan Compiled Laws 1979 PA 101, MCL
21.231 to 21.244, and a voluntary acceptance by the county of all
expenses and capital improvements which may result from the
creation of the judgeship. However, the exercise of the option does
not affect the state's obligation to pay the same portion of the
additional judge's salary which is paid by the state to the other
judges of the same circuit, or to appropriate and disburse funds to
the county for the necessary costs of state requirements
established by a state law which becomes effective on or after
December 23, 1978.
(4) Each additional circuit judgeship created pursuant to
subsection (1) shall be filled by election pursuant to the Michigan
election
law, Act No. 116 of the Public Acts of 1954, as amended,
being
sections 168.1 to 168.992 of the Michigan Compiled Laws 1954
PA 116, MCL 168.1 to 168.992. The first term of each additional
circuit judgeship shall be 6 years, unless the law permitting the
additional judgeship provides for a term of a different length.
(5) If, by law, the number of judgeships in a judicial circuit
is temporarily reduced for a period of not more than 6 years and
then restored to the number of judgeships that existed before the
temporary reduction, the restored judgeship or judgeships are not
considered additional circuit judgeships for purposes of this
section, and a resolution of approval under subsection (1) is not
required.
Sec 550b. (1) A temporary reduction in the number of circuit
judgeships in a judicial circuit shall not take effect unless all
of the following occur:
(a) The state court administrator approves the temporary
reduction in the number of judges after considering judicial need
and consulting with the affected court.
(b) Each county in the circuit, by resolution adopted by the
county board of commissioners, approves the temporary reduction in
the number of judgeships.
(c) The clerk of each county adopting the resolution files a
copy of the resolution with the state court administrator not later
than 4 p.m. of the sixteenth Tuesday preceding the date on which
the August primary would have been held for the judgeship that is
being eliminated.
(2) The state court administrator shall immediately notify the
elections division of the department of state with respect to any
temporary reduction in the number of judgeships in a judicial
circuit.
