HOUSE BILL No. 4092 January 31, 2001, Introduced by Reps. Switalski and Minore and referred to the Committee on Civil Law and the Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8122 (MCL 600.8122), as amended by 1988 PA 135, and by adding section 9938a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 8122. (1) The thirty-seventh district consists of the 2 cities of Warren and Center Line, is a district of the third 3 class, and has 4 judges. 4 (2) The thirty-eighth district consists of the city ofEast5DetroitEASTPOINTE, is a district of the third class, and has 1 6 judge. 7 (3) The thirty-ninth district consists of the cities of 8 Roseville and Fraser, is a district of the third class, and has 923 judges.Subject to section 8175, this district may have 110additional judge effective January 1, 1989. If a new office of00928'01 DRM 2 1judge is added to this district to be filled by election in 1988,2the term of office of the judge for that election only shall be 43years.4 (4) The fortieth district consists of the city of Saint 5 Clair Shores, is a district of the third class, and has 2 6 judges. 7 (5) The forty-first-a district consists of the cities of 8 Utica and Sterling Heights and the townships of Shelby and Macomb 9 in the county of Macomb, is a district of the third class, and 10 has 4 judges. 11 (6) The forty-first-b district consists of the city of Mt. 12 Clemens and the townships of Clinton and Harrison in the county 13 of Macomb, is a district of the third class, and has23 14 judges.Subject to section 8175, this district may have 1 addi-15tional judge effective January 1, 1989. If a new office of judge16is added to this district to be filled by election in 1988, the17term of office of the judge for that election only shall be 418years.19 (7) The forty-second district consists of the cities of 20 Memphis, Richmond, and New Baltimore and the townships of Bruce, 21 Washington, Armada, Ray, Richmond, Lenox, and Chesterfield in the 22 county of Macomb, is a district of the second class, and is 23 divided into the following election divisions: 24 (a) The first division consists of the cities of Memphis and 25 Richmond and the townships of Bruce, Washington, Armada, Ray, and 26 Richmond and has 1 judge. 00928'01 3 1 (b) The second division consists of the city of New 2 Baltimore and the townships of Lenox and Chesterfield and has 1 3 judge. 4 SEC. 9938A. (1) EFFECTIVE JANUARY 1, 2003, THE DISTRICT 5 COURT SHALL COMMENCE TO FUNCTION IN THE THIRTY-EIGHTH DISTRICT 6 AND, AS OF THAT DATE, THE MUNICIPAL COURT WITHIN THAT DISTRICT IS 7 ABOLISHED. THE TERMS OF THE INCUMBENT MUNICIPAL JUDGES IN 8 EASTPOINTE SHALL EXPIRE AT 12 MIDNIGHT ON DECEMBER 31, 2002. THE 9 JUDGESHIP IN THE THIRTY-EIGHTH DISTRICT OF THE DISTRICT COURT, AS 10 AUTHORIZED UNDER SECTION 8122(2), SHALL BE FILLED IN THE 2002 11 GENERAL ELECTION, IN THE MANNER PROVIDED BY LAW. 12 (2) ALL CAUSES OF ACTION TRANSFERRED TO THE THIRTY-EIGHTH 13 DISTRICT COURT PURSUANT TO SECTION 9924(1) SHALL BE AS VALID AND 14 SUBSISTING AS THEY WERE IN THE MUNICIPAL COURT FROM WHICH THEY 15 WERE TRANSFERRED. ALL ORDERS AND JUDGMENTS ENTERED BEFORE 16 JANUARY 1, 2003 IN THE MUNICIPAL COURT ABOLISHED PURSUANT TO SUB- 17 SECTION (1) ARE APPEALABLE IN LIKE MANNER AND TO THE SAME COURTS 18 AS APPLICABLE BEFORE THAT DATE. 19 (3) SUBSECTIONS (1) AND (2) SHALL NOT APPLY, AND ANY DIS- 20 TRICT JUDGESHIP PROPOSED FOR THE THIRTY-EIGHTH DISTRICT SHALL NOT 21 BE AUTHORIZED OR FILLED BY ELECTION, UNLESS THE CITY OF 22 EASTPOINTE, BY RESOLUTION ADOPTED BY ITS GOVERNING BODY, APPROVES 23 THE ESTABLISHMENT OF THE DISTRICT COURT IN THE THIRTY-EIGHTH DIS- 24 TRICT AND THE DISTRICT JUDGESHIP PROPOSED FOR THE THIRTY-EIGHTH 25 DISTRICT AND UNLESS THE CLERK OF THE CITY OF EASTPOINTE FILES A 26 COPY OF THE RESOLUTION WITH THE SECRETARY OF STATE NOT EARLIER 27 THAN THE EFFECTIVE DATE OF THIS SECTION AND NOT LATER THAN 4 00928'01 4 1 P.M. APRIL 12, 2002. UPON RECEIVING A COPY OF THE RESOLUTION, 2 THE SECRETARY OF STATE SHALL IMMEDIATELY NOTIFY THE STATE COURT 3 ADMINISTRATOR WITH RESPECT TO THE ESTABLISHMENT OF THE DISTRICT 4 COURT IN THE THIRTY-EIGHTH DISTRICT AND THE DISTRICT JUDGESHIP 5 AUTHORIZED FOR THE THIRTY-EIGHTH DISTRICT. 6 (4) BY ENACTING THIS SECTION, THE LEGISLATURE IS NOT MANDAT- 7 ING THAT THE DISTRICT COURT FUNCTION IN THE THIRTY-EIGHTH DIS- 8 TRICT AND IS NOT MANDATING ANY JUDGESHIP IN THE DISTRICT. IF THE 9 CITY OF EASTPOINTE, ACTING THROUGH ITS GOVERNING BODY, APPROVES 10 THE ESTABLISHMENT OF THE DISTRICT COURT IN THE THIRTY-EIGHTH DIS- 11 TRICT AND ANY DISTRICT JUDGESHIP PROPOSED BY LAW FOR THAT DIS- 12 TRICT, THAT APPROVAL CONSTITUTES AN EXERCISE OF THAT CITY'S 13 OPTION TO PROVIDE A NEW ACTIVITY OR SERVICE OR TO INCREASE THE 14 LEVEL OF ACTIVITY OR SERVICE OFFERED IN THE CITY BEYOND THAT 15 REQUIRED BY EXISTING LAW, AS THE ELEMENTS OF THAT OPTION ARE 16 DEFINED BY 1979 PA 101, MCL 21.231 TO 21.244, AND A VOLUNTARY 17 ACCEPTANCE BY THE CITY OF ALL EXPENSES AND CAPITAL IMPROVEMENTS 18 WHICH MAY RESULT FROM THE ESTABLISHMENT OF THE DISTRICT COURT IN 19 THE THIRTY-EIGHTH DISTRICT AND ANY JUDGESHIP. HOWEVER, THE EXER- 20 CISE OF THE OPTION DOES NOT AFFECT THE STATE'S OBLIGATION TO PAY 21 A PORTION OF ANY DISTRICT JUDGE'S SALARY AS PROVIDED BY LAW, OR 22 TO APPROPRIATE AND DISBURSE FUNDS TO THE CITY OR INCORPORATED 23 VILLAGE FOR THE NECESSARY COSTS OF STATE REQUIREMENTS ESTABLISHED 24 BY A STATE LAW THAT BECOMES EFFECTIVE ON OR AFTER DECEMBER 23, 25 1978. 00928'01 Final page. DRM