Bill Text: MI HB5513 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Courts; circuit court; requirements for adding circuit judgeships; adjust. Amends sec. 550 of 1961 PA 236 (MCL 600.550). TIE BAR WITH: HB 5512'09

Spectrum: Slight Partisan Bill (Republican 10-4)

Status: (Introduced - Dead) 2010-01-21 - Re-referred To Committee On Judiciary [HB5513 Detail]

Download: Michigan-2009-HB5513-Introduced.html

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HOUSE BILL No. 5513

 

October 14, 2009, Introduced by Reps. Kowall, Crawford, Kurtz, Gregory, McMillin, Moss, Knollenberg, Haines, Polidori, Denby, Marleau, Walsh, Mayes and Meadows and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 550 (MCL 600.550), as amended by 1990 PA 54.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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) As used in this section, "additional circuit judgeship"

 

means a judgeship that exceeds the highest number of judgeships

 

approved by a funding unit under this section in a circuit during

 

the preceding 6 years.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5512(request no.

 

04430'09) of the 95th Legislature is enacted into law.