Bill Text: MI HB5458 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Courts; judges; number of judgeships in certain circuits; reduce temporarily. Amends secs. 507, 511, 517, 519, 521, 531, 532, 549 & 550 of 1961 PA 236 (MCL 600.507 et seq.) & adds sec. 550b.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2010-01-13 - Referred To Committee On Judiciary [HB5458 Detail]
Download: Michigan-2009-HB5458-Engrossed.html
HB-5458, As Passed Senate, December 17, 2009
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5458
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 507 and 550 (MCL 600.507 and 600.550), section
507 as amended by 2006 PA 607 and section 550 as amended by 1990 PA
54.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 507. (1) The sixth judicial circuit consists of the
county of Oakland and, except as provided in subsection (2), has 19
judges.
Subject to section 550, this judicial circuit may have 1
additional
judge effective January 1, 2009.
(2) Subject to section 550, this circuit shall have 18 judges
during the period beginning 12 noon, January 1, 2011 and ending 12
noon, January 1, 2015. The judgeship temporarily eliminated from
this circuit during the period of January 1, 2011 to January 1,
2015 shall be the judgeship of a judge who is not eligible to run
for reelection due to constitutional limitation on the effective
date of the amendatory act that added this subsection. In the 2014
election, the initial term of office of the judgeship being
restored shall be 8 years.
Sec. 550. (1) An additional circuit judgeship permitted by
this chapter shall not be authorized to be filled by election
unless each county in the circuit, by resolution adopted by the
county board of commissioners, approves the creation of that
judgeship and unless the clerk of each county adopting such a
resolution files a copy of the resolution with the state court
administrator not later than 4 p.m. of the sixteenth Tuesday
preceding the August primary for the election to fill the
additional circuit judgeship. The state court administrator shall
immediately notify the elections division of the department of
state with respect to each new circuit judgeship authorized
pursuant to this subsection. If a circuit judgeship is permitted by
law to be authorized without a resolution being adopted by the
county board of commissioners, the state court administrator shall
immediately notify the elections division of the department of
state with respect to each new circuit judgeship authorized.
(2) A resolution required under subsection (1) that is filed
before the effective date of the amendatory act that authorized
that judgeship is a valid approval of the judgeship for purposes of
this section only if the filing occurs within the 2-year state
legislative session during which the amendatory act was enacted. A
resolution required under subsection (1) that is filed after the
effective date of the amendatory act that added that judgeship is a
valid approval of the judgeship for purposes of this section only
if the filing occurs not later than 4 p.m. of the sixteenth Tuesday
preceding the August primary for the election immediately preceding
the effective date of the additional judgeship.
(3) By permitting an additional judgeship, or by restoring a
judgeship after a temporary reduction in judgeships as described in
subsection (5), the legislature is not creating that judgeship. If
a county, acting through its board of commissioners, approves the
creation of an additional circuit judgeship, 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 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 is paid
by the state to the other judges of the same circuit, or to
appropriate and disburse funds to the county for the necessary
costs of state requirements established by a state law which
becomes effective on or after December 23, 1978.
(4) Each additional circuit judgeship created pursuant to
subsection (1) shall be filled by election pursuant to 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
circuit judgeship shall be 6 years, unless the law permitting the
additional judgeship provides for a term of a different length.
(5) If, by law, the number of judgeships in a judicial circuit
is temporarily reduced for a period of not more than 6 years and
then restored to the number of judgeships that existed before the
temporary reduction, the restored judgeship or judgeships are not
considered additional circuit judgeships for purposes of this
section, and a resolution of approval under subsection (1) is not
required.
(6) A temporary reduction in the number of circuit judgeships
in a judicial circuit shall not take effect unless both of the
following occur:
(a) Each county in the circuit, by resolution adopted by the
county board of commissioners, supports the temporary reduction in
the number of judgeships.
(b) The clerk of each county adopting the resolution files a
copy of the resolution with the state court administrator not later
than 4 p.m. of the sixteenth Tuesday preceding the date on which
the August primary would have been held for the judgeship that is
being eliminated. A resolution required under subdivision (a) that
is filed before the effective date of the amendatory act that added
this subsection is valid if the filing occurs within the 2-year
state legislative session during which the amendatory act was
enacted.
(7) The state court administrator shall immediately notify the
elections division of the department of state with respect to
either of the following:
(a) A temporary reduction in the number of judgeships in a
judicial circuit.
(b) The restoration of the number of judgeships in a judicial
circuit, after a temporary reduction in that number.
