Bill Text: MI HB5161 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Courts; court of appeals; redistricting of court of appeals and reduction in number of court of appeals judges; provide for. Amends secs. 301 & 302 of 1961 PA 236 (MCL 600.301 & 600.302) & adds sec. 303a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-11-29 - Printed Bill Filed 11/14/2011 [HB5161 Detail]

Download: Michigan-2011-HB5161-Introduced.html

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HOUSE BILL No. 5161

 

November 10, 2011, Introduced by Rep. Lund and referred to the Committee on Redistricting and Elections.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 301 and 302 (MCL 600.301 and 600.302), section

 

301 as amended by 1993 PA 190 and section 302 as amended by 2001 PA

 

117, and by adding section 303a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 301. The Except as otherwise provided in this section,

 

the court of appeals consists of 28 judges and is a court of

 

record. Beginning on the date as determined under section 303a, the

 

court of appeals consists of 24 judges.

 

     Sec. 302. (1) The state is divided into 4 judicial districts

 

for the election of judges of the court of appeals. Each Except as

 

otherwise provided in this section, each district is entitled to 7

 

judges. The Beginning on the date as determined under section 303a,

 

each district is entitled to 6 judges. Except as otherwise provided

 

in subsection (2), the districts are constituted and numbered as

 

follows:

 

     (a) District 1 consists of the counties of Calhoun, Hillsdale,

 

Lenawee, Monroe, and Wayne.

 

     (b) District 2 consists of the counties of Genesee, Macomb,

 

Oakland, and Shiawassee.

 

     (c) District 3 consists of the counties of Allegan, Barry,

 

Berrien, Branch, Cass, Eaton, Ionia, Jackson, Kalamazoo, Kent,

 

Muskegon, Newaygo, Ottawa, St. Joseph, Van Buren, and Washtenaw.

 

     (d) District 4 consists of the counties of Alcona, Alger,

 

Alpena, Antrim, Arenac, Baraga, Bay, Benzie, Charlevoix, Cheboygan,

 

Chippewa, Clare, Clinton, Crawford, Delta, Dickinson, Emmet,

 

Gladwin, Gogebic, Grand Traverse, Gratiot, Houghton, Huron, Ingham,

 

Iosco, Iron, Isabella, Kalkaska, Keweenaw, Lake, Lapeer, Leelanau,

 

Livingston, Luce, Mackinac, Manistee, Marquette, Mason, Mecosta,

 

Menominee, Midland, Missaukee, Montcalm, Montmorency, Oceana,

 

Ogemaw, Ontonagon, Osceola, Oscoda, Otsego, Presque Isle,

 

Roscommon, Saginaw, Sanilac, Schoolcraft, St. Clair, Tuscola, and

 

Wexford.

 

     (2) Beginning on the effective date of the amendatory act that

 

added this subsection, the districts are constituted and numbered

 

as follows:

 

     (a) District 1 consists of the counties of Barry, Calhoun,

 

Hillsdale, Jackson, Lenawee, Monroe, and Wayne.

 

     (b) District 2 consists of the counties of Genesee, Macomb,

 

and Oakland.

 

     (c) District 3 consists of the counties of Allegan, Benzie,

 

Berrien, Branch, Cass, Clare, Crawford, Eaton, Gladwin, Ionia,

 

Isabella, Kalamazoo, Kalkaska, Kent, Lake, Manistee, Mason,

 

Mecosta, Missaukee, Montcalm, Muskegon, Newago, Oceana, Ogemaw,

 

Osceola, Ottawa, Roscommon, St. Joseph, and Van Buren.

 

     (d) District 4 consists of the counties of Alcona, Alger,

 

Alpena, Antrim, Arenac, Baraga, Bay, Charlevoix, Cheboygan,

 

Chippewa, Clinton, Delta, Dickinson, Emmet, Gogebic, Grand

 

Traverse, Gratiot, Houghton, Huron, Ingham, Iosco, Iron, Keweenaw,

 

Lapeer, Leelanau, Livingston, Luce, Mackinac, Marquette, Menominee,

 

Midland, Montmorency, Ontonagon, Oscoda, Otsego, Presque Isle,

 

Saginaw, Sanilac, Schoolcraft, Shiawassee, St. Clair, Tuscola,

 

Washtenaw, and Wexford.

 

     Sec. 303a. To effectuate the transition to 6 judges in each

 

district, each district is entitled to 6 judges as follows:

 

     (a) If there are not more than 6 incumbent court of appeals

 

judges in a district on the effective date of the amendatory act

 

that added this section, the number of judgeships in that district

 

shall remain at 6.

 

     (b) If there are more than 6 court of appeals judgeships in a

 

district on the effective date of the amendatory act that added

 

this section and 1 of those judgeships is vacant, that judgeship is

 

eliminated. If more than 1 of the judgeships in that district is

 

vacant, only the vacant judgeship with the shortest remaining term

 

is eliminated. If the elimination of a judgeship results in 6

 

incumbent court of appeals judges in that district, the number of

 

judgeships in that district shall remain at 6.

 

     (c) Except as otherwise provided in this subdivision, if there

 

are more than 6 court of appeals judgeships in a district on the

 

effective date of the amendatory act that added this section and

 

there are no judgeships to be eliminated under subdivision (b), 1

 

judgeship shall be eliminated from the district at the end of the

 

term for which an incumbent judge of the court of appeals no longer

 

seeks election or reelection to that office until there are 6

 

incumbent judges in that district. Thereafter, the number of

 

judgeships in the district shall remain at 6. However, a judgeship

 

held by an incumbent judge who is serving by appointment of the

 

governor shall not be eliminated under this subdivision.