Bill Text: MI HB4823 | 2023-2024 | 102nd Legislature | Chaptered

---

Bill Title: Courts: judges; number of judges in Macomb County probate court; increase. Amends sec. 803 of 1961 PA 236 (MCL 600.803).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2023-12-31 - Assigned Pa 310'23 With Immediate Effect [HB4823 Detail]

Download: Michigan-2023-HB4823-Chaptered.html

---

Act No. 310

Public Acts of 2023

Approved by the Governor

December 13, 2023

Filed with the Secretary of State

December 14, 2023

EFFECTIVE DATE:  December 14, 2023

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Wozniak, Jaime Greene, Aragona, Kuhn and St. Germaine

ENROLLED HOUSE BILL No. 4823

AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 803 (MCL 600.803), as amended by 2022 PA 8.

The People of the State of Michigan enact:

Sec. 803. (1) Except as otherwise provided in this section, each county that is not part of a probate court district created by law has 1 judge of probate.

(2) Each probate court district created by law has 1 judge of probate.

(3) The county of Sanilac has 1 judge of probate. Under section 15 of article VI of the state constitution of 1963, the office of probate judge for the county of Sanilac is combined with the office of judge of the seventy-third-a judicial district.

(4) The county of Huron has the following number of judges of probate:

(a) Beginning April 1, 2012, under section 15 of article VI of the state constitution of 1963, the office of probate judge for the county of Huron is combined with the office of judge of the seventy-third-b judicial district, and the county of Huron shall have 2 judges of probate. The judgeship added under this subdivision must be filled by the incumbent judge of the seventy-third-b judicial district, who shall become a probate judge for the county of Huron for the balance of the term to which the judge was elected.

(b) Beginning the earlier of the following dates, the county of Huron 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 1 judge of probate. Under section 15 of article VI of the state constitution of 1963, the office of probate judge for the county of Chippewa is combined with the office of judge of the ninety-first judicial district.

(6) The counties of Berrien, Genesee, Ingham, Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw each have 2 judges of probate.

(7) The county of Macomb has 2 judges of probate. Subject to section 805, the county of Macomb may have 1 additional judge of probate beginning January 1, 2025.

(8) The county of Kalamazoo has 3 judges of probate.

(9) The county of Kent has 5 judges of probate.

(10) The county of Oakland has 4 judges of probate.

(11) The county of Wayne has 8 judges of probate.

(12) When 1 or more new judges of probate are authorized in a county under this section, the new judgeship or judgeships must appear on the ballot separate and apart from other judicial offices of the same court in the primary and general election.

This act is ordered to take immediate effect.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor