Bill Text: MI SB0787 | 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 1-0)

Status: (Introduced - Dead) 2009-09-09 - Referred To Committee On Judiciary [SB0787 Detail]

Download: Michigan-2009-SB0787-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 787

 

 

September 9, 2009, Introduced by Senator SWITALSKI 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, 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. 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, 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. 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 both

 

of the following occur:

 

     (a) Each county in the circuit, by resolution adopted by the

 

county board of commissioners, approves the temporary reduction in

 

the number of judgeships.

 

     (b) 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.

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