SENATE JOINT RESOLUTION R May 12, 1998, Introduced by Senators VAN REGENMORTER, MC MANUS, DINGELL, GAST, POSTHUMUS, CHERRY, DE GROW and PETERS and referred to the Committee on Judiciary. A joint resolution proposing an amendment to the state con- stitution of 1963, by amending sections 1, 11, 12, 13, 18, 19, 22, 23, 24, 27, and 30 of article VI; adding section 31 to arti- cle VI; and repealing sections 15 and 16 of article VI, to allow the merger of the probate court and the circuit court and to make related amendments regarding the judicial branch. Resolved by the Senate and House of Representatives of thestate of Michigan, That the following amendment to the state con- stitution of 1963, to allow the merger of the probate court and the circuit court and to make related amendments regarding the judicial branch, is proposed, agreed to, and submitted to the people of the state: 05267'97 *** DRM 2 1 ARTICLE VI 2 Sec. 1. (1) The judicial power of the state is vested 3 exclusively in one court of justice which shall be divided into 4 one supreme court, one court of appeals, one trial court of gen- 5 eral jurisdiction known as the circuit court, one probate6court,and courts of limited jurisdiction that the legislature 7 may establish by a two-thirds vote of the members elected to and 8 serving in each house. THE PROBATE COURT AND EACH OFFICE OF PRO- 9 BATE JUDGE SHALL CONTINUE TO EXIST UNTIL ABOLISHED OR TRANSFERRED 10 TO THE CIRCUIT COURT AS PROVIDED IN SECTION 31. 11 (2) THE LEGISLATURE SHALL ENACT LEGISLATION TO PROVIDE THAT 12 AT LEAST ONE JUDGE WHOSE JURISDICTION INCLUDES FAMILY MATTERS AS 13 PROVIDED BY LAW SHALL BE ELECTED EXCLUSIVELY IN EACH COUNTY. FOR 14 PURPOSES OF THIS SUBSECTION, THE LEGISLATURE MAY CONSIDER THE 15 COUNTIES OF HOUGHTON AND KEWEENAW AS ONE COUNTY. 16 Sec. 11. The state shall be divided into judicial circuits 17 along county lines in each of which there shall be elected one or 18 more circuit judges as provided by law.Sessions of the circuit19court shall be held at least four times in each year in every20county organized for judicial purposes. Each circuit judge shall21hold court in the county or counties within the circuit in which22he is elected, and in other circuits as may be provided by rules23of the supreme court.A JUDICIAL CIRCUIT WHICH COMPRISES MORE 24 THAN ONE COUNTY MAY BE DIVIDED INTO ELECTION DIVISIONS ALONG 25 COUNTY LINES AS PROVIDED BY LAW. A CIRCUIT JUDGE ELECTED FROM AN 26 ELECTION DIVISION SHALL HAVE AUTHORITY TO PRESIDE WITHIN THE 27 ENTIRE JUDICIAL CIRCUIT. The number of judges may be changed and 05267'97 *** 3 1 circuits may be created, altered and discontinued AS PROVIDED by 2 law and the number of judgesshallMAY be changed and circuits 3shallMAY be created, altered and discontinued on recommenda- 4 tion of the supreme court to reflect changes in judicial 5 activity. EVERY ODD NUMBERED YEAR THE SUPREME COURT SHALL MAKE 6 RECOMMENDATIONS TO THE LEGISLATURE AS TO WHETHER THE NUMBER OF 7 JUDGES SHOULD BE CHANGED AND CIRCUITS SHOULD BE CREATED, ALTERED 8 OR DISCONTINUED. No change in the number of judges or alteration 9 or discontinuance of a circuit OR ELECTION DIVISION shall have 10 the effect of removing a judge from office duringhisA term OF 11 THAT JUDGE. 12 Sec. 12. Circuit judges shall be nominated and elected at 13 non-partisan elections in the circuit OR ELECTION DIVISION in 14 which they reside AS PROVIDED BY LAW, and shall hold office for a 15 term of six years and until their successors are elected and 16 qualified. In circuits OR ELECTION DIVISIONS having more than 17 one circuit judge their terms of office shall be arranged by law 18 to provide that not all terms will expire at the same time. THE 19 LENGTH OF THE INITIAL TERM OF A JUDGE, INCLUDING THE INITIAL FULL 20 TERM AS A CIRCUIT JUDGE OF A PROBATE JUDGE WHO BECOMES A CIRCUIT 21 JUDGE BY OPERATION OF SECTION 31, MAY BE VARIED BY LAW TO ALLOW 22 FOR THE STAGGERING OF THE EXPIRATION OF JUDGES' TERMS WITHIN A 23 JUDICIAL CIRCUIT OR AN ELECTION DIVISION. 24 Sec. 13. The circuit court shall have original jurisdiction 25 in all matters not prohibited by law; appellate jurisdiction from 26 all inferior courts and tribunals except as otherwise provided by 27 law; power to issue, hear and determine prerogative and remedial 05267'97 *** 4 1 writs; AND supervisory and general control over inferior courts 2 and tribunals within their respective jurisdictions in accordance 3 with rules of the supreme court.; and jurisdiction of other4cases and matters as provided by rules of the supreme court.5Sec. 15. In each county organized for judicial purposes6there shall be a probate court. The legislature may create or7alter probate court districts of more than one county if approved8in each affected county by a majority of the electors voting on9the question. The legislature may provide for the combination of10the office of probate judge with any judicial office of limited11jurisdiction within a county with supplemental salary as provided12by law. The jurisdiction, powers and duties of the probate court13and of the judges thereof shall be provided by law. They shall14have original jurisdiction in all cases of juvenile delinquents15and dependents, except as otherwise provided by law.16Sec. 16. One or more judges of probate as provided by law17shall be nominated and elected at non-partisan elections in the18counties or the probate districts in which they reside and shall19hold office for terms of six years and until their successors are20elected and qualified. In counties or districts with more than21one judge the terms of office shall be arranged by law to provide22that not all terms will expire at the same time.23 Sec. 18. Salariesof justices of the supreme court,of 24 the judges of the court of appeals SHALL BE UNIFORM, SALARIES of 25 the circuit judgeswithin a circuit, and of the probate judges26within a county or district,shall be uniform, and SALARIES OF 27 DISTRICT JUDGES SHALL BE UNIFORM. THE SALARIES OF ALL JUDGES 05267'97 *** 5 1 SHALL BE DETERMINED AS PROVIDED BY LAW. THE TOTAL SALARY OF A 2 JUSTICE OR JUDGE may be increased but shall not be decreased 3 during a term of office except and only to the extent of a gen- 4 eral salary reduction in all other branches of government. A 5 JUDGE SHALL NOT ENGAGE IN THE PRACTICE OF LAW DURING HIS OR HER 6 TERM AS A JUDGE, EXCEPT THAT ANY JUDGE WHO IS ENGAGED IN THE 7 PRACTICE OF LAW ON THE DATE ON WHICH THE 1998 AMENDMENTS TO THIS 8 SECTION BECOME A PART OF THE CONSTITUTION MAY CONTINUE TO PRAC- 9 TICE LAW UNTIL THE END OF THE TERM OF OFFICE WHICH HE OR SHE IS 10 THEN SERVING. 11Each of the judges of the circuit court shall receive an12annual salary as provided by law. In addition to the salary13received from the state, each circuit judge may receive from any14county in which he regularly holds court an additional salary as15determined from time to time by the board of supervisors of the16county. In any county where an additional salary is granted, it17shall be paid at the same rate to all circuit judges regularly18holding court therein.19 Sec. 19. (1) The supreme court, the court of appeals, the 20 circuit court, theprobateDISTRICT court and other courts des- 21 ignated as such by the legislature shall be courts of record and 22 each shall have a common seal. Justices and judges of courts of 23 record must be persons who are licensed to practice law in this 24 state. 25 (2) To be qualified to serve as a judge of a trial court, a 26 judge of the court of appeals, or a justice of the supreme court, 27 a person shall have been admitted to the practice of law for at 05267'97 *** 6 1 least 5 years. This subsection shall not apply to any judge or 2 justice appointed or elected to judicial office prior tothe3date on which this subsection becomes part of the constitution4 DECEMBER 21, 1996. 5 (3) No person shall be elected or appointed to a judicial 6 office after reaching the age of 70 years. 7 Sec. 22.AnyA judge oftheA court ofappeals, cir-8cuit court or probate courtRECORD may become a candidate in the 9 primary election for the office of which he is the incumbent by 10 filing an affidavit of candidacy in the form and manner pre- 11 scribed by law. 12 Sec. 23. A vacancy shall occur in the office of JUSTICE OR 13 judge of any court of recordor in the district courtby death, 14 removal, resignation, or vacating of the office, and such vacancy 15 shall be filled by appointment by the governor. The person 16 appointed by the governor shall hold office until 12 noon of the 17 first day of January next succeeding the first general election 18 held after the vacancy occurs, at which election a successor 19 shall be elected for the remainder of the unexpired term. 20 Whenever a new office of judge in a court of record, or the21district court,is created by law, it shall be filled by elec- 22 tion as provided by law. THE DIVISION OF A COURT OR THE MERGER 23 OR CONSOLIDATION OF TWO OR MORE COURTS WHICH DOES NOT RESULT IN A 24 CHANGE IN THE TOTAL NUMBER OF JUDGESHIPS IN THE COURT OR COURTS 25 DOES NOT CREATE A NEW OFFICE OF JUDGE FOR PURPOSES OF THIS 26 SECTION. 05267'97 *** 7 1 (2) The supreme court may authorize persons who have been 2 elected and served as judges to perform judicial duties for 3 limited periods or specific assignments. 4 Sec. 24. (1) There shall be printed upon the ballot under 5 the name of each incumbent justice or judge who is a candidate 6 for nomination or election to the same office the designation of 7 that office, INCLUDING ALL CIRCUIT JUDGES DESCRIBED IN 8 SECTION 31(3) OF THIS ARTICLE. 9 (2) WHENEVER AN OFFICE OF PROBATE JUDGE IS ABOLISHED PURSU- 10 ANT TO SECTION 31(2) OF THIS ARTICLE, AN INCUMBENT PROBATE JUDGE 11 OF THE OFFICE BEING ABOLISHED WHO BECOMES A CANDIDATE FOR ANOTHER 12 JUDICIAL OFFICE OF A TRIAL COURT THAT INCLUDES THAT COUNTY SHALL 13 HAVE PRINTED UPON THE BALLOT UNDER HIS OR HER NAME THE NAME OF 14 THE PROBATE COURT BEING ABOLISHED. THIS SUBSECTION ONLY APPLIES 15 TO THE BIENNIAL PRIMARY AND GENERAL ELECTION IN THE YEAR 2000. 16 (3) WHENEVER A JUDICIAL OFFICE NOT DESCRIBED IN SUBSECTION 17 (2) IS ALTERED OR ABOLISHED BY OPERATION OF LAW, THE LEGISLATURE 18 MAY PROVIDE THAT AN INCUMBENT JUDGE IN THAT OFFICE WHO BECOMES A 19 CANDIDATE FOR ANOTHER JUDICIAL OFFICE WITHIN THE COUNTY OR COUN- 20 TIES COMPRISING ALL OR PART OF THE JUDICIAL OFFICE BEING ALTERED 21 OR ABOLISHED, MAY HAVE PRINTED UPON THE BALLOT UNDER HIS OR HER 22 NAME THE NAME OF THE JUDICIAL OFFICE BEING ALTERED OR ABOLISHED, 23 UNLESS THE LAW ALTERING OR ABOLISHING THE OFFICE PROVIDES FOR 24 ANOTHER DESIGNATION. 25 Sec. 27. The supreme court, the court of appeals,the cir-26cuit court,or any justices or judges thereof, shall not 27 exercise any power of appointment to public office except as 05267'97 *** 8 1 provided in this constitution. CIRCUIT COURT JUDGES MAY EXERCISE 2 POWERS OF APPOINTMENT AS PROVIDED BY LAW. 3 Sec. 30. (1) A judicial tenure commission is established 4 consisting of nine persons selected for three-year terms as 5 follows:FourTHREE members shall be judgeselected by the6judges of the courts in which they serveAPPOINTED BY THE 7 SUPREME COURT; one shall be a court of appeals judge, AND AT 8 LEAST one a circuit judge., one a probate judge and one a judge9of a court of limited jurisdiction.Three shall be members of 10 the state bar who shall be elected by the members of the state 11 bar, of whom one shall be a judge and two shall not be judges. 12TwoTHREE shall be appointed by the governor,; the members13appointed by the governorOF WHOM ONE SHALL BE A JUDGE OR A 14 RETIRED JUDGE AND THE REMAINING TWO shall not be judges, retired 15 judges or members of the state bar. Terms shall be staggered as 16 provided by rule of the supreme court. Vacancies shall be filled 17 by the appointing power. 18 (2) On recommendation of the judicial tenure commission, the 19 supreme court may censure, suspend with or without salary, retire 20 or remove a judge for conviction of a felony, physical or mental 21 disability which prevents the performance of judicial duties, 22 misconduct in office, persistent failure to perform his OR HER 23 duties, habitual intemperance or conduct that is clearly preju- 24 dicial to the administration of justice. The supreme court shall 25 make rules implementing this section and providing for confiden- 26 tiality and privilege of proceedings. 05267'97 *** 9 1 SEC. 31. (1) EXCEPT AS PROVIDED IN SUBSECTIONS (2) AND (3), 2 COURTS IN EXISTENCE ON THE DATE ON WHICH THIS SECTION BECOMES A 3 PART OF THE CONSTITUTION SHALL RETAIN THEIR POWERS AND JURISDIC- 4 TION, EXCEPT AS PROVIDED BY LAW, UNTIL THEY ARE ABOLISHED BY 5 LAW. 6 (2) THE OFFICE OF PROBATE JUDGE IN EACH COUNTY, WHICH HAS A 7 POPULATION OF LESS THAN 15,000 ACCORDING TO THE 1990 FEDERAL 8 DECENNIAL CENSUS AND WHICH IS NOT PART OF A PROBATE COURT DIS- 9 TRICT, SHALL CONTINUE TO EXIST UNTIL THAT OFFICE BECOMES VACANT 10 OR UNTIL TWELVE O'CLOCK NOON ON JANUARY 1, 2001, WHICHEVER OCCURS 11 FIRST, AT WHICH TIME THAT OFFICE SHALL BE ABOLISHED AND THE 12 JURISDICTION OF THE PROBATE COURT TRANSFERRED TO THE CIRCUIT 13 COURT FOR THAT COUNTY. 14 (3) ON OR BEFORE JANUARY 1, 2000, THE JURISDICTION OF THE 15 PROBATE COURT IN ANY COUNTY NOT DESCRIBED IN SUBSECTION (2) SHALL 16 BE TRANSFERRED BY LAW TO THE CIRCUIT COURT FOR THAT COUNTY AND 17 EACH PROBATE JUDGE FOR THAT COUNTY SHALL BECOME A CIRCUIT JUDGE 18 OF THE JUDICIAL CIRCUIT ENCOMPASSING THE COUNTY IN WHICH HE OR 19 SHE RESIDES FOR THE BALANCE OF THE TERM OF OFFICE TO WHICH HE OR 20 SHE HAS BEEN ELECTED OR APPOINTED. 21 Resolved further, That the foregoing amendment shall be sub- 22 mitted to the people of the state at a special election on August 23 4, 1998 in the manner provided by law. 05267'97 *** Final page. 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