Bill Text: MI HB5592 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Courts: judges; probate judgeships; increase in number. Amends sec. 803 of 1961 PA 236 (MCL 600.803).

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2021-12-02 - Bill Electronically Reproduced 12/01/2021 [HB5592 Detail]

Download: Michigan-2021-HB5592-Introduced.html

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5592

December 01, 2021, Introduced by Reps. LaGrand, Brann and Hood and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 803 (MCL 600.803), as amended by 2012 PA 36.

the people of the state of michigan enact:

Sec. 803. (1) Except as otherwise provided in this section, each county that is not part of a probate court district created by law has 1 judge of probate.

(2) Each probate court district created by law has 1 judge of probate.

(3) The county of Sanilac has 1 judge of probate. Under section 15 of article VI of the state constitution of 1963, the office of probate judge for the county of Sanilac shall be is combined with the office of judge of the seventy-third-a judicial district. , and the incumbent judge of the seventy-third-a judicial district shall become the probate judge for the county of Sanilac for the balance of the term to which he or she was elected.

(4) The county of Huron has the following number of judges of probate:

(a) Until April 1, 2012, 1 judge.

(a) (b) Beginning April 1, 2012, under section 15 of article VI of the state constitution of 1963, the office of probate judge for the county of Huron shall be is combined with the office of judge of the seventy-third-b judicial district, and the county of Huron shall have 2 judges of probate. The judgeship added under this subdivision shall must be filled by the incumbent judge of the seventy-third-b judicial district, who shall become a probate judge for the county of Huron for the balance of the term to which he or she was elected.

(b) (c) Beginning the earlier of the following dates, the county of Huron has 1 judge of probate:

(i) The date on which a vacancy occurs in the office of probate judge in this county.

(ii) The beginning date of the term for which an incumbent probate judge in this county no longer seeks election or reelection to that office.

(5) The county of Chippewa has the following number of judges 1 judge of probate. :

(a) Until April 1, 2012, 1 judge.

(b) Beginning April 1, 2012, under Under section 15 of article VI of the state constitution of 1963, the office of probate judge for the county of Chippewa shall be is combined with the office of judge of the ninety-first judicial district. , and the county of Chippewa shall have 2 judges of probate. The judgeship added under this subdivision shall be filled by the incumbent judge of the ninety-first judicial district, who shall become a probate judge for the county of Chippewa for the balance of the term to which he or she was elected.

(c) Beginning the earlier of the following dates, the county of Chippewa has 1 judge of probate:

(i) The date on which a vacancy occurs in the office of probate judge in this county.

(ii) The beginning date of the term for which an incumbent probate judge in this county no longer seeks election or reelection to that office.

(6) The counties of Berrien, Genesee, Ingham, Macomb, Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw each has 2 judges of probate.

(7) The county of Kalamazoo has 3 judges of probate.

(8) The county of Kent has 4 judges of probate. Subject to section 805, the county of Kent may have 1 additional judge beginning January 1, 2023.

(9) The county of Oakland has 4 judges of probate.

(10) The county of Wayne has 8 judges of probate.

(11) When 1 or more new judges of probate are authorized in a county under this section, the new judgeship or judgeships shall must appear on the ballot separate and apart from other judicial offices of the same court in the primary and general election.

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