Bill Text: MI SB0842 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Courts; judges; probate court judgeships; reduce in number. Amends secs. 803, 805, 8112, 8132, 8156 & 8159 of 1961 PA 236 (MCL 600.803 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-11-29 - Reassigned To Committee On Judiciary [SB0842 Detail]

Download: Michigan-2011-SB0842-Introduced.html

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SENATE BILL No. 842

 

 

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

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 803, 805, 8112, 8132, 8156, and 8159 (MCL

 

600.803, 600.805, 600.8112, 600.8132, 600.8156, and 600.8159),

 

section 803 as amended by 2002 PA 715, section 805 as amended by

 

1988 PA 134, section 8112 as amended by 1998 PA 13, and section

 

8132 as amended by 1998 PA 47.

 

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 sections 808 to 810 or previously created

 

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

 

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

 

shall have has 1 judge of probate.

 

(3) The county of Gratiot has the following number of judges

 

of probate:

 

     (a) Until January 1, 2012, 1 judge.

 

     (b) Beginning January 1, 2012, under section 15 of article VI

 

of the state constitution of 1963, the office of probate judge for

 

the county of Gratiot shall be combined with the office of judge of

 

the sixty-fifth-b judicial district, and the county of Gratiot

 

shall have 2 judges of probate. The judgeship added under this

 

subdivision shall be filled by the incumbent judge of the sixty-

 

fifth-b judicial district, who shall become a probate judge for the

 

county of Gratiot for the balance of the term to which he or she

 

was elected.

 

     (c) Beginning 12 noon, January 1, 2013, the county of Gratiot

 

has 1 judge of probate.

 

     (4) The county of Hillsdale has the following number of judges

 

of probate:

 

     (a) Until January 1, 2012, 1 judge.

 

     (b) Beginning January 1, 2012, under section 15 of article VI

 

of the state constitution of 1963, the office of probate judge for

 

the county of Hillsdale shall be combined with the office of judge

 

of the second-b judicial district, and the county of Hillsdale

 

shall have 2 judges of probate. The judgeship added under this

 

subdivision shall be filled by the incumbent judge of the second-b

 

judicial district, who shall become a probate judge for the county

 

of Hillsdale for the balance of the term to which he or she was

 

elected.

 

     (c) Beginning the earlier of the following dates, the county

 

of Hillsdale has 1 judge of probate:

 

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

 

judge in this county.

 

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

 

probate judge in this county no longer seeks election or reelection

 

to that office.

 

     (5) The county of Chippewa has the following number of judges

 

of probate:

 

     (a) Until January 1, 2012, 1 judge.

 

     (b) Beginning January 1, 2012, under section 15 of article VI

 

of the state constitution of 1963, the office of probate judge for

 

the county of Chippewa shall be combined with the office of judge

 

of the ninety-first judicial district, and the county of Chippewa

 

shall have 2 judges of probate. The judgeship added under this

 

subdivision shall be filled by the incumbent judge of the ninety-

 

first judicial district, who shall become a probate judge for the

 

county of Chippewa for the balance of the term to which he or she

 

was elected.

 

     (c) Beginning the earlier of the following dates, the county

 

of Chippewa has 1 judge of probate:

 

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

 

judge in this county.

 

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

 

probate judge in this county no longer seeks election or reelection

 

to that office.

 

     (6) The county of Delta has the following number of judges of

 

probate:

 

     (a) Until January 1, 2012, 1 judge.

 

     (b) Beginning January 1, 2012, under section 15 of article VI

 

of the state constitution of 1963, the office of probate judge for

 

the county of Delta shall be combined with the office of judge of

 

the ninety-fourth judicial district, and the county of Delta shall

 

have 2 judges of probate. The judgeship added under this

 

subdivision shall be filled by the incumbent judge of the ninety-

 

fourth judicial district, who shall become a probate judge for the

 

county of Delta for the balance of the term to which he or she was

 

elected.

 

     (c) Beginning the earlier of the following dates, the county

 

of Delta has 1 judge of probate:

 

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

 

judge in this county.

 

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

 

probate judge in this county no longer seeks election or reelection

 

to that office.

 

     (7) (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.

 

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

 

probate.

 

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

 

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

 

probate.

 

     (11) (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.

 

     (12) (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. 805. (1) The additional judges of probate permitted by

 

section 803 shall not be authorized to be filled by election unless

 

the county, by resolution adopted by the county board of

 

commissioners, approves the creation of that judgeship and unless

 

the clerk of that county files a copy of the resolution with the

 

state court administrator not later than 4 p.m. of the thirteenth

 

Tuesday preceding the August primary for the election to fill the

 

additional judge of probate. The state court administrator shall

 

immediately notify the county clerk with respect to any new judge

 

of probate authorized for that county pursuant to under this

 

subsection.

 

     (2) 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 judge of

 

probate, 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 that 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 that is paid by the state to the

 

other judges of probate of the same county, or to appropriate and

 

disburse funds to the county for the necessary costs of state

 

requirements established by a state law which becomes effective

 

that takes effect on or after December 23, 1978.

 

     (3) Each additional judgeship created pursuant to under

 

subsection (1) shall be filled by election pursuant to under 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 judgeship shall be 6 years unless the law permitting the

 

additional judgeship provides for a term of a different length.

 

     (4) A combination of the office of probate judge with a

 

judicial office of limited jurisdiction within a county under

 

section 15 of article VI of the state constitution of 1963 that

 

does not result in an increase in the total number of judgeships

 

does not require a resolution of approval by the county board of

 

commissioners under this section.

 

     Sec. 8112. (1) Except as provided in subsection (2), the

 

second district consists of the counties of Lenawee and Hillsdale,

 

is a district of the first class, and is divided into the following

 

election divisions:

 

     (a) The first division consists of the county of Lenawee and

 

has 2 judges.

 

     (b) The second division consists of the county of Hillsdale

 

and has 1 judge.

 

     (2) Effective January 1, 1999, if the county of Lenawee

 

approves the creation of the second-a district pursuant to law, and

 

if the county of Hillsdale approves the creation of the second-b

 

district pursuant to law, both of the following apply:

 

     (1) (a) The second-a district consists of the county of

 

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

 

     (2) (b) The Except as provided in this subsection, the second-

 

b district consists of the county of Hillsdale, is a district of

 

the first class, and has 1 judge. Beginning January 1, 2012, the

 

second-b district consists of the county of Hillsdale and is a

 

district of the first class. Under section 810a, a probate judge

 

for the county of Hillsdale shall serve as a judge of the second-b

 

district.

 

     Sec. 8132. (1) Except as provided in subsection (2), the

 

sixty-fifth district consists of the counties of Gratiot and

 

Clinton, is a district of the first class, and is divided into the

 

following election divisions:

 

     (a) The first division consists of the county of Gratiot and

 

has 1 judge.

 

     (b) The second division consists of the county of Clinton and

 

has 1 judge.

 

     (2) Effective January 1, 1999, if the county of Clinton

 

approves the creation of the sixty-fifth-a district pursuant to law

 

and if the county of Gratiot approves the creation of the sixty-

 

fifth-b district pursuant to law, both of the following apply:

 

     (1) (a) The sixty-fifth-a district consists of the county of

 

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

 

     (2) (b) The Except as otherwise provided in this subsection,

 

the sixty-fifth-b district consists of the county of Gratiot, is a

 

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

 

2012, the sixty-fifth-b district consists of the county of Gratiot

 

and is a district of the first class. Under section 810a, a probate

 

judge for the county of Gratiot shall serve as a judge of the

 

sixty-fifth-b district.

 

     Sec. 8156. The ninety-first district consists of the county of

 

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

 

Beginning January 1, 2012, the ninety-first district consists of

 

the county of Chippewa and is a district of the first class. Under

 

section 810a, a probate judge for the county of Chippewa shall

 

serve as a judge of the ninety-first district.

 

     Sec. 8159. The ninety-fourth district consists of the county

 

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

 

Beginning January 1, 2012, the ninety-fourth district consists of

 

the county of Delta and is a district of the first class. Under

 

section 810a, a probate judge for the county of Delta shall serve

 

as judge of the ninety-fourth district.