Bill Text: MI SB0835 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Courts; judges; district court judgeships; reduce, and reorganize certain district court districts. Amends secs. 8121 & 8123 of 1961 PA 236 (MCL 600.8121 & 600.8123).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-11-29 - Reassigned To Committee On Judiciary [SB0835 Detail]

Download: Michigan-2011-SB0835-Introduced.html

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SENATE BILL No. 835

 

 

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 8121 and 8123 (MCL 600.8121 and 600.8123),

 

section 8121 as amended by 2001 PA 258 and section 8123 as amended

 

by 2000 PA 448.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8121. (1) The sixteenth district consists of the city of

 

Livonia, is a district of the third class, and has 2 judges.

 

     (2) The seventeenth district consists of the township of

 

Redford in the county of Wayne, is a district of the third class,

 

and has 2 judges.

 

     (3) The eighteenth district consists of the city of Westland,

 

is a district of the third class, and has 2 judges.

 

     (4) The nineteenth district consists of the city of Dearborn,

 

is a district of the third class, and has 3 judges.

 

     (5) The twentieth district consists of the city of Dearborn

 

Heights, is a district of the third class, and has 2 judges.

 

     (6) The twenty-first district consists of the city of Garden

 

City, is a district of the third class, and has 1 judge.

 

     (7) The twenty-second district consists of the city of

 

Inkster, is a district of the third class, and has 1 judge.

 

     (8) The twenty-third district consists of the city of Taylor,

 

is a district of the third class, and has 2 judges.

 

     (9) The twenty-fourth district consists of the cities of Allen

 

Park and Melvindale, is a district of the third class, and has 2

 

judges.

 

     (10) The twenty-fifth district consists of the city of Lincoln

 

Park, is a district of the third class, and has 2 judges. The

 

twenty-fifth district shall have 1 judge beginning on the earlier

 

of the following dates:

 

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

 

district judge in this district.

 

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

 

district judge in this district no longer seeks election or

 

reelection to that office.

 

     (11) The twenty-sixth district consists of the cities of River

 

Rouge and Ecorse, is a district of the third class, and is divided

 

into the following election divisions:

 

     (a) The first division consists of the city of River Rouge and

 

has 1 judge.

 

     (b) The second division consists of the city of Ecorse and has

 

1 judge.

 

     (12) The twenty-seventh district consists of the following, as

 

applicable:

 

     (a) Until January 1, 2003 or until a vacancy occurs in a

 

judgeship in the twenty-seventh district, whichever occurs first,

 

the twenty-seventh district consists of the cities of Wyandotte and

 

Riverview, is a district of the third class, and is divided into

 

the following election divisions:

 

     (i) The first division consists of the city of Wyandotte and

 

has 1 judge.

 

     (ii) The second division consists of the city of Riverview and

 

has 1 judge.

 

     (b) Beginning January 1, 2003 or the date on which a vacancy

 

occurs in a judgeship in the twenty-seventh district, whichever

 

occurs first, the twenty-seventh district consists of the cities of

 

Wyandotte and Riverview, is a district of the third class, and has

 

1 judge. The remaining incumbent judge of the twenty-seventh

 

district shall serve as the judge of the entire twenty-seventh

 

district for the balance of the term to which he or she was elected

 

or appointed.

 

     (13) The twenty-eighth district consists of the city of

 

Southgate, is a district of the third class, and has 1 judge.

 

     (14) The twenty-ninth district consists of the city of Wayne,

 

is a district of the third class, and has 1 judge.

 

     (15) The thirtieth district consists of the city of Highland

 

Park, is a district of the third class, and has the following

 

number of judges:

 

     (a) Until subdivision (b) takes effect, this district has 2

 

judges.

 

     (b) This 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 this district.

 

     (ii) 12 noon, January 1, 2003.1 judge.

 

     (16) The thirty-first district consists of the city of

 

Hamtramck, is a district of the third class, and has 1 judge.

 

     (17) The thirty-second-a district consists of the city of

 

Harper Woods, is a district of the third class, and has 1 judge.

 

     (18) The thirty-second-b district consists of the cities of

 

Grosse Pointe Woods, Grosse Pointe Park, Grosse Pointe, and Grosse

 

Pointe Farms, and the village of Grosse Pointe Shores, is a

 

district of the third class, and has 1 judge.

 

     (19) The thirty-third district consists of the cities of

 

Trenton, Gibraltar, Woodhaven, Rockwood, and Flat Rock and the

 

townships of Brownstown and Grosse Ile in the county of Wayne, is a

 

district of the third class, and has the following number of

 

judges:

 

     (a) Until the date determined under subdivision (b), 3 judges.

 

     (b) Beginning on the earlier of the following dates, 2 judges:

 

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

 

district judge in this district.

 

     (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.

 

     (20) The thirty-fourth district consists of the townships of

 

Sumpter, Van Buren, and Huron in the county of Wayne and the cities

 

of Romulus and Belleville, is a district of the third class, and

 

has 3 judges.

 

     (21) The thirty-fifth district consists of the cities of

 

Northville and Plymouth and the townships of Northville, Plymouth,

 

and Canton in the county of Wayne, is a district of the third

 

class, and has 2 3 judges. Subject to section 8175, this district

 

may have 1 additional judge effective January 1, 2003. If a new

 

office of judge is added to this district to be filled by election

 

in 2002, the term of office of the judge for that election only

 

shall be 8 years.

 

     Sec. 8123. (1) The Except as otherwise provided in this

 

subsection, 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. Beginning January 2, 2015, the

 

forty-third district consists of the cities of Madison Heights,

 

Ferndale, Hazel Park, and Royal Oak, is a district of the third

 

class, and has 5 judges. The additional judgeships in this district

 

shall be filled by the incumbent judges of the forty-fourth

 

district, who shall become judges of the forty-third district for

 

the balance of the terms to which they were elected or appointed.

 

Beginning January 2, 2015, the forty-third district has 4 judges

 

beginning on the earlier of the following dates:

 

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

 

district judge in the forty-third district.

 

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

 

district judge in the forty-third district no longer seeks election

 

or reelection to that office.

 

     (2) The 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 is abolished and the judges of the

 

forty-fourth district shall become judges of the forty-third

 

district for the balance of the terms to which they were elected or

 

appointed.

 

     (3) The Except as otherwise provided in this subsection, the

 

forty-fifth-a district consists of the city of Berkley, is a

 

district of the third class, and has 1 judge. Beginning January 1,

 

2012, the forty-fifth-a district is abolished and the forty-fifth

 

district is created. The forty-fifth district consists of the

 

cities of Berkley, 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 3 judges. Beginning January 1,

 

2012, the judge of the forty-fifth-a district shall become a judge

 

of the forty-fifth district for the balance of the term to which he

 

or she was elected or appointed. For purposes of the November 2020

 

general election only, the term of the candidate for district judge

 

in the forty-fifth judicial district who receives the highest

 

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 highest number of votes is 6 years. The forty-fifth

 

district has 2 judges beginning on the earlier of the following

 

dates:

 

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

 

district judge in the forty-fifth district.

 

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

 

district judge in the forty-fifth district no longer seeks election

 

or reelection to that office.

 

     (4) 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 January 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 2020 general election only, the term of

 

the candidate for district judge in the forty-fifth judicial

 

district who receives the highest number of votes shall be 8 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. Subject to section 8175, this district may have 1

 

additional judge subject to review and recommendation by the state

 

court administrator to the legislature and subsequent legislation,

 

if and when a district court judgeship is eliminated within the

 

state of Michigan.

 

     (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.

 

     (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 dates determined under subdivisions (b) and (c),

 

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.

 

     (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.

 

     (c) Following, or simultaneously with, the reduction in the

 

number of judgeships from 4 to 3 under subdivision (b), the

 

fiftieth 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.

 

     (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.

 

     (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. Until January

 

1, 2003, the first division also includes the townships of Rose and

 

White Lake. The first division has 3 judges. Subject to section

 

8175, this division may have 1 additional judge effective January

 

1, 2003. If the Oakland county board of commissioners approves that

 

additional judgeship, the judgeship in the first division that is

 

filled by the district judge of the first division whose term

 

expires January 1, 2005 is transferred to the second division,

 

effective January 1, 2003.

 

     (b) The second division consists of the city of the village of

 

Clarkston and the townships of Springfield, Independence, Holly,

 

Groveland, and Brandon, . Beginning January 1, 2003, the second

 

division also includes the townships of Rose, and White Lake and

 

has 2 judges. The second division has 1 judge; however, effective

 

January 1, 2003, this division shall have 2 judges if a judgeship

 

is transferred to this division from the first division pursuant to

 

subdivision (a).

 

     (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 3 judges.