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