Bill Text: MI SB0810 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Courts; district court; reference in the revised judicature act of 1961 to the Michigan election law; update. Amends sec. 9940 of 1961 PA 236 (MCL 600.9940). TIE BAR WITH: SB 0809'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-05-08 - Assigned Pa 0121'18 With Immediate Effect [SB0810 Detail]
Download: Michigan-2017-SB0810-Introduced.html
SENATE BILL No. 810
February 13, 2018, Introduced by Senator ROBERTSON and referred to the Committee on Elections and Government Reform.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 9940 and 9941 (MCL 600.9940 and 600.9941),
section 9940 as amended by 1982 PA 40 and section 9941 as amended
by 1981 PA 146.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 9940. (1) Subject to subsection (5), the district court
shall commence to function as of January 1, 1983 in the thirty-
second-b district and as of that date, all municipal courts within
that
district shall be are abolished. The term of the incumbent
municipal
judges in each city which that
will compromise comprise
the
thirty-second-b district on January 1, 1983 , shall expire
expires at 12 p.m. on December 31, 1982.
(2) In the first election of a district court judge for the
thirty-second-b district, the candidate receiving the highest
number of votes in the general election to fill that office shall
serve a term of 6 years. The election of the district court judge
for
the thirty-second-b district shall must take place pursuant to
chapter
XXIA of Act No. 116 of the Public Acts of 1954, as amended,
being
sections 168.467 to 168.467n of the Michigan Compiled
Laws.the Michigan election law, 1954 PA 116, MCL
168.467 to
168.467m.
(3) All causes of action transferred to the district court
pursuant to section 9924(1) shall be as valid and subsisting as
they were in the court from which they were transferred. All orders
and
judgments entered before January 1, 1983 , in the municipal
courts
which that are abolished pursuant to under subsection
(1)
shall
be are appealable in like manner and to the same courts as
applicable before that date.
(4) The rights and privileges accorded under section 8271(4),
(5),
and (6) to employees of courts abolished by section 9921 shall
apply to employees of the municipal courts abolished by subsection
(1) to the same extent and effect.
(5) Subsections (1) to (4) shall not apply nor shall any
district judgeship proposed for the thirty-second-b district be
authorized or filled by election unless each city and incorporated
village in the thirty-second-b district, by resolution adopted by
its governing body, approves the establishment of the district
court in the thirty-second-b district and the district judgeship
proposed for that district and unless the clerk of each city and
incorporated
village adopting such a resolution files a copy of the
resolution with the secretary of state not later than 4 p.m. of May
11, 1982. The secretary of state shall immediately notify the state
court administrator with respect to the establishment of the
district court in the thirty-second-b district and the district
judgeship authorized for that district.
(6) If each district control unit authorizes a second district
court
judgeship pursuant to section 8121(18) and this subsection
for 1985, a district judge shall be elected in 1984 for a term of 6
years. If each district control unit authorizes a second district
court
judgeship pursuant to section 8121(18) and this subsection
for 1987, a district judge shall be elected in 1986 for a term of 6
years. The second district judgeship proposed for the thirty-
second-b
district shall must not be authorized to be filled by
election unless each district control unit of the district, by
resolution of the governing body of the district control unit,
approves the creation of that judgeship and unless the clerk of
each
district control unit adopting such a resolution files a copy
of the resolution with the secretary of state not later than 4 p.m.
of
the twelfth Tuesday preceding before
the August primary to be
held in 1984 or 1986. The secretary of state shall immediately
notify the state court administrator with respect to the second
district judgeship authorized for the thirty-second-b district. The
election of the second district judge for the thirty-second-b
district
shall must take place pursuant to chapter XXIA of Act No.
116
of the Public Acts of 1954, as amended, being sections 168.467
to
168.467n of the Michigan Compiled Laws.the Michigan election
law, 1954 PA 116, MCL 168.467 to 168.467m.
(7) By enacting this section, the legislature is not mandating
that the district court function in the thirty-second-b district
nor any judgeship in the district. If a city or incorporated
village, acting through its governing body, approves the
establishment of the district court in the thirty-second-b district
and any district judgeship proposed by law for that district, that
approval constitutes an exercise of that city's or village's option
to provide a new activity or service or to increase the level of
activity or service offered in the city or village 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 city or
incorporated
village of all expenses and capital improvements which
that may result from the establishment of the district court in the
thirty-second-b district and any judgeship. However, the exercise
of the option does not affect the state's obligation to pay a
portion of any district judge's salary as provided by law, or to
appropriate and disburse funds to the city or incorporated village
for the necessary costs of state requirements established by a
state
law which that becomes effective on or after December 23,
1978.
Sec. 9941. (1) Effective September 1, 1981, the district court
shall commence to function in the thirty-sixth district and as of
that date the common pleas court of the city of Detroit and the
traffic and ordinance division of the recorder's court of the city
of Detroit are abolished.
(2) In the thirty-sixth district, district judges shall be
elected
as provided in this section, section 8121a, and chapter 21a
XXIA
of Act No. 116 of the Public Acts of
1954, as amended, being
sections
168.467 to 168.467n of the Michigan Compiled Laws.the
Michigan election law, 1954 PA 116, MCL 168.467 to 168.467m.
(3) Effective September 1, 1981, each elected incumbent judge
of
the common pleas court of the city of Detroit shall become
becomes a judge of the district court within the thirty-sixth
district and shall serve as a district judge until January 1 of the
year in which his or her term as a judge of the common pleas court
would normally have expired. Effective September 1, 1981, each
incumbent judge of the common pleas court of the city of Detroit
who has been appointed to that office by the governor after January
1,
1981 , shall become becomes a judge of the
district court within
the thirty-sixth district and shall serve as a district judge until
January 1 next succeeding the first general election held after the
vacancy to which he or she was appointed occurs, at which election
a successor shall be elected for the remainder of the unexpired
term which the predecessor incumbent of the common pleas court
serving
on December 30, 1980 , would
have served had that incumbent
remained in office until his or her term would normally have
expired. In seeking election to the district court after September
1, 1981, a judge of the common pleas court becoming a judge of the
district
court pursuant to under this subsection may file an
affidavit of candidacy in like manner as other incumbent judges of
the
district court , and shall
be is entitled to designation on the
ballot as a judge of the district court.
(4) Pursuant to the authority granted by section 23 of article
6
VI of the state
constitution of 1963, a special primary
election
shall
must be held on September 15, 1981, and a special general
election
shall must be held on November 3, 1981, to fill the 7 new
offices
of district judge created pursuant to under section
8121a(3)
8121a in the thirty-sixth district of the district court.
The 2 candidates receiving the highest number of votes in this
special
general election in 1981 shall be are elected for a term of
9 years, the candidates receiving the third and fourth highest
number
of votes shall be are elected for a term of 7 years, and the
candidates receiving the fifth, sixth, and seventh highest number
of
votes shall be are elected for a term of 5 years.
(5)
Seven district judgeships created pursuant to under
section
8121a(4) 8121a for the thirty-sixth district shall must be
filled by election in 1982. The 2 candidates receiving the highest
number
of votes in the 1982 general election shall be are elected
for a term of 8 years, the candidates receiving the third, fourth,
and
fifth highest number of votes shall be are elected for a term
of 6 years, and the candidates receiving the sixth and seventh
highest
number of votes shall be are
elected for a term of 4 years.
(6)
Two district judgeships created pursuant to under section
8121a(5)
8121a for the thirty-sixth district shall must be
filled
by election in 1984. The 2 candidates receiving the highest number
of
votes in the 1984 general election shall be are elected
for a
term of 6 years.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 809
of the 99th Legislature is enacted into law.
