HOUSE BILL No. 5117


     September 30, 1997, Introduced by Reps. Lowe, Gernaat, Goschka and Bodem and referred to the Committee on Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 821 (MCL 600.821), as amended by 1996 PA 388;

   and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 821.  (1)  The following  A probate  judges  JUDGE

 2    shall not engage in the practice of law other than as a judge and

 3    shall receive, subject to subsection (7), an annual salary pro-

 4    vided in this section.  :

 5          (a) A probate judge of a county that is not part of a pro-

 6     posed probate court district described in section 807.

 7          (b) The probate judge in each probate court district in

 8     which a majority of the electors voting on the question in each

 9     county of probate court district has approved or approves

10     creation of the district.


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 1         (c) A probate judge in a county having a population of

 2     15,000 or more, if the county is not part of a probate court dis-

 3     trict created pursuant to law. 

 4         (2) Until the salary of a justice of the supreme court

 5    exceeds $128,538.00, each probate judge shall receive an annual

 6    salary of $109,257.00 determined as follows:

 7         (a) A minimum annual salary of $63,533.00.

 8         (b) An additional salary of $45,724.00 paid by the county or

 9    by the counties comprising a probate court district.  If a pro-

10    bate judge receives a total additional salary of $45,724.00 from

11    the county, or from the counties comprising a probate court dis-

12    trict, and does not receive less than or more than $45,724.00,

13    including any cost-of-living allowance, the state shall reimburse

14    the county or counties the amount that the county or counties

15    have paid to the judge.

16         (3) If the salary of a justice of the supreme court exceeds

17    $128,538.00, each probate judge shall receive an annual salary

18    determined as follows:

19         (a) A minimum annual salary of the difference between 85% of

20    the salary of a justice of the supreme court and $45,724.00.

21         (b) An additional salary of $45,724.00 paid by the county or

22    by the counties comprising a probate court district.  If a pro-

23    bate judge receives a total additional salary of $45,724.00 from

24    the county, or from the counties comprising a probate court dis-

25    trict, and does not receive less than or more than $45,724.00,

26    including any cost-of-living allowance, the state shall reimburse





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 1    the county or counties the amount that the county or counties

 2    have paid to the judge.

 3         (4) Six thousand dollars of the minimum annual salary pro-

 4    vided in subsection (2), (3), or (4) shall be paid by the county,

 5    or by the counties comprising a probate court district, and the

 6    balance of that minimum annual salary shall be paid by the state

 7    as a grant to the county or the counties comprising the probate

 8    court district.  The county, or the counties comprising the pro-

 9    bate court district, shall in turn pay that amount to the probate

10    judge.  Beginning January 1, 1997, the state shall annually reim-

11    burse the county or counties $6,000.00 for each probate judge to

12    offset the cost of the county or counties required by this

13    section.

14         (5) The salary provided in this section shall be full com-

15    pensation for all services performed by a probate judge, except

16    as otherwise provided by law.  In a probate court district, each

17    county of the district shall contribute to the salary in the same

18    proportion as the population of the county bears to the popula-

19    tion of the district.

20         (6) An additional salary determined by the county board of

21    commissioners may be increased during a term of office but shall

22    not be decreased except to the extent of a general salary reduc-

23    tion in all other branches of government in the county.  In a

24    county where an additional salary is granted, it shall be paid at

25    the same rate to all probate judges regularly holding court in

26    the county.





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 1         (7) An increase in the amount of salary payable to a judge

 2    under subsection (1) caused by an increase in the salary payable

 3    to a justice of the supreme court resulting from the operation of

 4     Act No. 357 of the Public Acts of 1968, being sections 15.211 to

 5     15.218 of the Michigan Compiled Laws  1968 PA 357, MCL 15.211 TO

 6    15.218, shall not be effective until February 1 of the year in

 7    which the increase in the salary of a justice of the supreme

 8    court becomes effective.  If an increase in salary becomes effec-

 9    tive on February 1 of a year in which an increase in the salary

10    of a justice of the supreme court becomes effective, the increase

11    shall be retroactive to January 1 of that year.

12         Enacting section 1.  Section 822 of the revised judicature

13    act of 1961, 1961 PA 236, MCL 600.822, is repealed.

14         Enacting section 2.  This amendatory act takes effect

15    January 1, 1998.



























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