Bill Text: MI SB0832 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Courts; judges; certain probate court and district court judgeships; reduce in number. Amends secs. 803 & 8116 of 1961 PA 236 (MCL 600.803 & 600.8116).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-11-29 - Reassigned To Committee On Judiciary [SB0832 Detail]

Download: Michigan-2011-SB0832-Introduced.html

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SENATE BILL No. 832

 

 

November 10, 2011, Introduced by Senator JONES and referred to the Committee on Redistricting.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 803 and 8116 (MCL 600.803 and 600.8116),

 

section 803 as amended by 2002 PA 715.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 803. (1) Except as otherwise provided in this section,

 

each county which that is not part of a probate court district

 

created pursuant to under sections 808 to 810 or previously created

 

pursuant to by law shall have at least has 1 judge of probate.

 

     (2) Each probate court district created pursuant to by law

 

shall have has 1 judge of probate.

 

     (3) The counties of Berrien, Calhoun, Genesee, Ingham, Macomb,

 

Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw shall each have

 

2 judges of probate.

 

     (4) Until 12 noon, January 1, 2005, the county of Genesee

 

shall have 3 judges of probate; however, if, after 12 noon, January

 

1, 2003, a vacancy occurs in the judgeship held by the incumbent

 

probate judge in Genesee county whose term of office expires

 

January 1, 2005 and who would be ineligible to seek reelection to

 

that office in 2004, that probate judgeship is eliminated effective

 

12 noon, January 1, 2005. Beginning 12 noon, January 1, 2005, the

 

county of Genesee shall have 2 judges of probate.

 

     (5) Until 12 noon, January 1, 2005, the county of Macomb shall

 

have 3 judges of probate; however, if the incumbent probate judge

 

in Macomb county whose term of office as probate judge expires on

 

January 1, 2005 is elected in 2002 to the office of circuit judge

 

in the sixteenth judicial circuit for a term beginning January 1,

 

2003, that probate judgeship is eliminated effective 12 noon,

 

January 1, 2005. Beginning 12 noon, January 1, 2005, the county of

 

Macomb shall have 2 judges of probate.

 

     (4) (6) The county of Kalamazoo shall have has 3 judges of

 

probate. Beginning on the date on which a vacancy occurs in the

 

office of probate judge in the county of Kalamazoo or the beginning

 

date of the term for which an incumbent probate judge in the county

 

of Kalamazoo no longer seeks election or reelection to that office,

 

whichever is earlier, the county of Kalamazoo has 2 judges of

 

probate.

 

     (5) (7) The county of Kent shall have has 4 judges of probate.

 

     (6) (8) The county of Oakland shall have has 4 judges of

 

probate.

 

     (7) (9) The county of Wayne shall have the following number of

 

judges of probate:

 

     (a) Until subdivision (b) takes effect, the county of Wayne

 

shall have 9 judges of probate.

 

     (b) The county of Wayne shall have has 8 judges of probate.

 

beginning on the earliest of the following dates:

 

     (i) Upon the occurrence of a vacancy in a judgeship held by an

 

incumbent probate judge in Wayne county whose term expires on

 

January 1, 2005, and who would be ineligible to seek reelection to

 

that office in 2004.

 

     (ii) Upon the expiration of the term of an incumbent probate

 

judge who is not eligible to seek reelection to that office.

 

     (8) (10) When 1 or more new judges of probate are authorized

 

in a county pursuant to under this section, the new judgeship or

 

judgeships shall appear on the ballot separate and apart from other

 

judicial offices of the same court in the primary and general

 

election.

 

     Sec. 8116. The Except as provided in subsection (2), the

 

seventh district consists of the county of Van Buren, is a district

 

of the first class and has 2 judges.

 

     (2) Beginning on the earlier of the following dates, the

 

seventh district has 1 judge:

 

     (a) The date on which a vacancy occurs in the office of

 

district judge in the seventh district.

 

     (b) The beginning date of the term for which an incumbent

 

district judge in the seventh district no longer seeks election or

 

reelection to that office.