Bill Text: MI SB0728 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Courts; judges; number of judgeships in the fifty-first district; modify. Amends sec. 8123 of 1961 PA 236 (MCL 600.8123).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-10 - Referred To Committee Of The Whole [SB0728 Detail]
Download: Michigan-2015-SB0728-Introduced.html
SENATE BILL No. 728
February 2, 2016, Introduced by Senator ROBERTSON and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8123 (MCL 600.8123), as amended by 2014 PA 58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8123. (1) The forty-third district consists of the cities
of Madison Heights, Ferndale, and Hazel Park, is a district of the
third class, and has 3 judges.
(2) Except as otherwise provided in this subsection, the
forty-fourth district consists of the city of Royal Oak, is a
district of the third class, and has 2 judges. Beginning January 2,
2015, the forty-fourth district consists of the cities of Royal Oak
and Berkley and has the following number of judges:
(a) Until the dates determined under subdivisions (b) and (c),
3 judges.
(b) Beginning January 3, 2015, the forty-fourth district has 2
judges beginning on the earlier of the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in the forty-fourth district, unless the vacancy
occurs after the vacating judge has been defeated in a primary or
general election.
(ii) The beginning date of the term for which an incumbent
district judge in the forty-fourth district no longer seeks
election or reelection to that office.
(c) Following the reduction in the number of judgeships from 3
to 2 under subdivision (b), the forty-fourth district has 1 judge
beginning on the earlier of the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in the forty-fourth district, unless the vacancy
occurs after the vacating judge has been defeated in a primary or
general election.
(ii) The beginning date of the term for which an incumbent
district judge in the forty-fourth district no longer seeks
election or reelection to that office.
(3) Except as otherwise provided in this subsection, the
forty-fifth-a district is created, consists of the city of Berkley,
is a district of the third class, and has 1 judge. The person
serving as judge of the forty-fifth-a district on June 30, 2012, or
his or her successor, shall serve as judge of the forty-fifth-a
district until that district is abolished under this subsection.
For purposes of the November 2014 general election only, the term
of the person elected district judge in the forty-fifth-a district
is 8 years. Beginning January 2, 2015, the forty-fifth-a district
is abolished and the judge of the forty-fifth-a district shall
become a judge of the forty-fourth district for the balance of the
term to which he or she was elected or appointed. Sections 8175 and
8176 do not apply to the reorganization of the forty-fourth, forty-
fifth, forty-fifth-a, and forty-fifth-b districts. Any physical
reorganization required to accomplish the reorganization of
district boundaries under this subsection and subsection (2) shall
be completed no later than January 1, 2021.
(4) Except as otherwise provided in this subsection, the
forty-fifth-b district consists of the cities of Huntington Woods,
Oak Park, and Pleasant Ridge and the township of Royal Oak in the
county of Oakland, is a district of the third class, and has 2
judges. Beginning July 1, 2012, the forty-fifth district is
created. The forty-fifth district consists of the cities of
Huntington Woods, Oak Park, and Pleasant Ridge and the township of
Royal Oak in the county of Oakland, is a district of the third
class, and has 2 judges. Beginning July 1, 2012, the forty-fifth-b
district is abolished and the judges of the forty-fifth-b district
shall become judges of the forty-fifth district for the balance of
the term to which they were elected or appointed. For purposes of
the November 2014 general election only, the term of the candidate
for district judge in the forty-fifth judicial district who
receives the greatest number of votes is 8 years and the term of
the candidate for district judge in the forty-fifth judicial
district who receives the second greatest number of votes is 6
years.
(5) The forty-sixth district consists of the cities of
Southfield and Lathrup Village and the township of Southfield in
the county of Oakland, is a district of the third class, and has 3
judges.
(6) The forty-seventh district consists of the cities of
Farmington and Farmington Hills, is a district of the third class,
and has 2 judges.
(7) The forty-eighth district consists of the cities of
Birmingham, Bloomfield Hills, Sylvan Lake, Keego Harbor, and
Orchard Lake Village and the townships of Bloomfield and West
Bloomfield in the county of Oakland, is a district of the third
class, and has the following number of judges:
(a) Until the date determined under subdivision (b), the
forty-eighth district has 3 judges.
(b) The forty-eighth district has 2 judges beginning on the
earlier of the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in this district, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(ii) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(8) The fiftieth district consists of the city of Pontiac, is
a district of the third class, and has the following number of
judges:
(a) Until the date determined under subdivision (b), 4 judges.
(b) The fiftieth district has 3 judges beginning on the
earlier of the following dates:
(i) The date on which a vacancy occurs in the office of
district judge in this district, unless the vacancy occurs after
the vacating judge has been defeated in a primary or general
election.
(ii) The beginning date of the term for which an incumbent
district judge in this district no longer seeks election or
reelection to that office.
(9) The fifty-first district consists of the township of
Waterford in the county of Oakland, is a district of the third
class,
and has 2 judges.1 judge.
(10) The fifty-second district consists of the county of
Oakland except the cities of Madison Heights, Ferndale, Hazel Park,
Royal Oak, Berkley, Huntington Woods, Oak Park, Pleasant Ridge,
Southfield, Lathrup Village, Farmington, Farmington Hills,
Northville, Sylvan Lake, Keego Harbor, Orchard Lake Village,
Birmingham, Bloomfield Hills, and Pontiac and the townships of
Royal Oak, Southfield, West Bloomfield, Bloomfield, and Waterford,
is a district of the second class, and is divided into the
following election divisions:
(a) The first division consists of the cities of Novi, South
Lyon, Wixom, and Walled Lake and the townships of Milford,
Highland, Commerce, Lyon, and Novi and has 3 judges.
(b) The second division consists of the city of the village of
Clarkston and the townships of Springfield, Independence, Holly,
Groveland, Brandon, Rose, and White Lake and has 2 judges.
(c) The third division consists of the cities of Rochester,
Auburn Hills, Rochester Hills, and Lake Angelus and the townships
of Oxford, Addison, Orion, and Oakland and has 3 judges.
(d) The fourth division consists of the cities of Troy and
Clawson and has 2 judges.
