HOUSE BILL No. 5578


     February 17, 1998, Introduced by Reps. Murphy, Wallace, Freeman, Hood, Price, LaForge, Parks, Agee, Hale, Schermesser, Callahan and Bogardus and referred to the Committee on Judiciary.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending sections 8321 and 8322 (MCL 600.8321 and 600.8322),

   section 8322 as amended by 1996 PA 388.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 8321.  (1) Civil process in the district court shall be

 2    served by a sheriff, deputy sheriff, or a court officer appointed

 3    by the judges of the court for  such  THAT purpose, except that

 4    officers of the department of state police may serve civil pro-

 5    cess in any action to which the state is a party and police offi-

 6    cers of an incorporated city or village may serve civil process

 7    in any action to which the incorporated city or village is a

 8    party.

 9         (2) Under rules of the supreme court, any other person may

10    serve any process or order of the district court which does not


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 1    require the seizure, attachment, or garnishment of property or

 2    the arrest of a person.  This section  shall apply  APPLIES not-

 3    withstanding the provisions of section 1908.

 4         (3) NOTWITHSTANDING SUBSECTION (1) OR (2), IN THE DISTRICT

 5    COURT IN THE THIRTY-SIXTH DISTRICT, CIVIL PROCESS SHALL BE SERVED

 6    BY BAILIFFS AS PROVIDED IN SECTION 8322.

 7         Sec. 8322.  (1) A person serving as a bailiff of the common

 8    pleas court of Detroit on August 31, 1981, pursuant to an

 9    appointment under section 23 of former  Act No. 260 of the Public

10     Acts of 1929  1929 PA 260, shall become a bailiff of the district

11    court in the thirty-sixth district on September 1, 1981.  A bai-

12    liff shall be considered a court officer under section 8321(1)

13    for the exclusive purpose of serving civil process in a civil

14    action commenced in the district court in the thirty-sixth dis-

15    trict, except for process issued in a summary proceeding under

16    chapter 57.  All process issued by the district court in civil

17    actions shall be rotated among the bailiffs pursuant to rules

18    adopted by the court.  A bailiff shall file with the clerk of the

19    court a surety bond in the amount of $100,000.00 with a surety

20    company.  The premium on the surety bond shall be paid by the

21    district control unit.  A bailiff shall possess only the powers

22    necessary to serve process issued by the court.  A bailiff gov-

23    erned pursuant to this subsection may bear arms while in office

24    and in the exercise of his or her duties as bailiff.  A bailiff

25    shall hold office until death, retirement, resignation, or

26    removal from office by the court for misfeasance or malfeasance

27    in office.  A  THE CHIEF JUDGE OF THE DISTRICT COURT FOR THE



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 1    THIRTY-SIXTH DISTRICT SHALL APPOINT A PERSON TO FILL ANY vacancy

 2    OCCURRING in the office of bailiff as established pursuant to

 3    this subsection.   shall not be filled.  HOWEVER, THERE SHALL BE

 4    NOT MORE THAN 30 BAILIFFS SERVING PURSUANT TO THIS SUBSECTION.

 5         (2) A person serving as a bailiff of the common pleas court

 6    on August 31, 1981, pursuant to an appointment under section 31

 7    of former  Act No. 260 of the Public Acts of 1929  1929 PA 260,

 8    shall become a bailiff of the district court in the thirty-sixth

 9    district on September 1, 1981.  A bailiff shall be considered a

10    court officer under section 8321(1) for the exclusive purpose of

11    serving civil process in summary proceedings commenced under

12    chapter 57 in the district court in the thirty-sixth district.

13    All process issued by the district court in summary proceedings

14    shall be rotated among the bailiffs pursuant to rules adopted by

15    the court, except that a writ of restitution shall be issued to

16    the bailiff to whom the summons was issued in the particular

17    proceeding.  A bailiff shall file with the clerk of the court a

18    surety bond in an amount of $100,000.00 with a surety company.

19    The premium on the surety bond shall be paid by the district con-

20    trol unit.  A bailiff governed pursuant to this subsection shall

21    be considered a peace officer only for the purpose of receiving

22    compensation provided by  Act No. 329 of the Public Acts of 1937,

23     being sections 419.101 to 419.104 of the Michigan Compiled Laws 

24    1937 PA 329, MCL 419.101 TO 419.104.  A bailiff shall hold office

25    until death, retirement, resignation, or removal from office by

26    the court for misfeasance or malfeasance in office.  A  THE

27    CHIEF JUDGE OF THE DISTRICT COURT IN THE THIRTY-SIXTH DISTRICT



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 1    SHALL APPOINT A PERSON TO FILL ANY vacancy OCCURRING in the

 2    office of bailiff established pursuant to this subsection.  shall

 3     not be filled.  HOWEVER, THERE SHALL BE NOT MORE THAN 12 BAILIFFS

 4    SERVING PURSUANT TO THIS SUBSECTION.

 5         (3) A PERSON APPOINTED TO THE OFFICE OF BAILIFF UNDER THIS

 6    SECTION SHALL HAVE BEEN A RESIDENT AND QUALIFIED ELECTOR OF THIS

 7    STATE, AND OF THE COUNTY OF WAYNE, FOR AT LEAST 5 YEARS BEFORE

 8    THE DATE OF HIS OR HER APPOINTMENT.  THE PERSON ALSO SHALL NEVER

 9    HAVE PREVIOUSLY BEEN REMOVED FROM THE OFFICE OF BAILIFF FOR ANY

10    REASON.

11         (4)  (3)  A bailiff governed pursuant to this section shall

12    keep a written record of the date, amount, and nature of each

13    financial transaction conducted by the bailiff in the course of

14    his or her service as bailiff.  An audit of each bailiff's finan-

15    cial transactions shall be conducted annually by the district

16    control unit and reported immediately to the judges of the

17    district.  If the audit prescribed by this subsection is not con-

18    ducted by the district control unit before June 30 of any year,

19    the judges of the court shall contract with a certified public

20    accountant to perform the audit.  If a certified public accoun-

21    tant is required to perform the audit, the cost of the audit

22    shall be paid by the district control unit.

23          (4) Upon the existence of a vacancy in the office of bai-

24     liff established under this section, the chief judge of the dis-

25     trict may appoint a court officer pursuant to section 8321(1). 

26         (5) A bailiff serving civil process pursuant to subsection

27    (1) or (2) shall be compensated by  salary and  the fees and



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 1    mileage prescribed in section 8326.  A full-time bailiff, as

 2     defined by the employer designated under section 8274(2) or (3),

 3     shall receive from the city of Detroit a $20,000.00 annual

 4     salary.  For each part-time bailiff, as defined by the employer

 5     designated under section 8274(2) or (3), the employer designated

 6     under section 8274(2) or (3) shall establish a salary which is a

 7     pro rata portion of $20,000.00 based on that portion of a

 8     full-time bailiff's workload to be assigned to the bailiff.  A

 9    bailiff covered by this subsection shall not be entitled to any

10    compensation  from the city of Detroit  other than that specifi-

11    cally authorized in this subsection.

12         (6) A bailiff serving civil process pursuant to subsection

13    (1) or (2) shall not become a member of the state employees'

14    retirement system created by 1943 PA 240, MCL 38.1 TO 38.47.  Act

15     No. 240 of the Public Acts of 1943, being sections 38.1 to 38.47

16     of the Michigan Compiled Laws.  Beginning September 1, 1981, the

17      city of Detroit shall contribute to the retirement system in

18     which the bailiff is a member on August 31, 1981, an amount equal

19     to the amount which the state would have contributed to the state

20     employees' retirement system pursuant to Act No. 240 of the

21     Public Acts of 1943, if the bailiff had become a member of the

22     state employees' retirement system, based on the salary paid by

23     the city of Detroit pursuant to subsection (5).  Beginning

24     September 1, 1981, each bailiff shall continue to contribute to

25     the retirement system in which the bailiff is a member on August

26     31, 1981, as required by ordinance, based on salary and fees

27     received pursuant to subsection (5), except mileage. 



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 1         (7) From each filing fee collected under section 8371, the

 2    clerk of the court shall pay to the Wayne county retirement

 3    system the sum of $1.00, to be credited to the retirement fund of

 4    the bailiffs of the district court in the thirty-sixth district

 5    serving civil process pursuant to subsection (1).  The county of

 6    Wayne shall annually review the retirement fund and shall ensure

 7    that the fund is maintained in an actuarially sound condition.

 8    Copies of the actuarial reports shall be provided to the

 9     employer designated under section 8274(2) or (3)  DETROIT JUDI-

10    CIAL COUNCIL and to the state court administrator.

11         (8) From each filing fee collected for filing a summary pro-

12    ceeding under section 5756, the clerk of the court shall pay to

13    the Wayne county retirement system the sum of $1.00 for each

14    defendant served in the proceeding, to be credited to the retire-

15    ment fund of the bailiffs of the district court in the

16    thirty-sixth district serving civil process pursuant to subsec-

17    tion (2).  However, the amount credited to the retirement fund

18    under this subsection shall not exceed 1/2 of the fee collected

19    in a proceeding.  The county of Wayne shall annually review the

20    retirement fund and shall ensure that the fund is maintained in

21    an actuarially sound condition.  Copies of the actuarial reports

22    shall be provided to the  employer designated under section

23     8274(2) or (3)  DETROIT JUDICIAL COUNCIL and to the state court

24    administrator.









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