Senate Introduced Bill B00417

SENATE BILL No. 417

April 24, 2001, Introduced by Senator VAN REGENMORTER and referred to the Committee

on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 502, 503, 504, 505, 506, 507, 508, 509, 510,

511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523,

524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536,

537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549,

549a, 549b, 549c, 549d, 549e, 549f, 549g, 549h, 549i, 550, 550a,

1011, 1013, 1019, 1021, and 1023 (MCL 600.502, 600.503, 600.504,

600.505, 600.506, 600.507, 600.508, 600.509, 600.510, 600.511,

600.512, 600.513, 600.514, 600.515, 600.516, 600.517, 600.518,

600.519, 600.520, 600.521, 600.522, 600.523, 600.524, 600.525,

600.526, 600.527, 600.528, 600.529, 600.530, 600.531, 600.532,

600.533, 600.534, 600.535, 600.536, 600.537, 600.538, 600.539,

600.540, 600.541, 600.542, 600.543, 600.544, 600.545, 600.546,

600.547, 600.548, 600.549, 600.549a, 600.549b, 600.549c,

01691'01 DRM

600.549d, 600.549e, 600.549f, 600.549g, 600.549h, 600.549i,

600.550, 600.550a, 600.1011, 600.1013, 600.1019, 600.1021, and

600.1023), section 504 as amended and sections 1013, 1019, and

1023 as added by 1996 PA 388, sections 506, 517, 521, 535, 536,

538, 549, 550, and 550a as amended and section 549h as added by

1990 PA 54, sections 507 and 534 as amended and section 549i as

added by 1994 PA 138, sections 510, 518, 528, and 537 as amended

by 1988 PA 134, section 522 as amended and section 549g as added

by 1981 PA 182, sections 541 and 549f as amended by 1980 PA 438,

sections 542 and 547 as amended by 1984 PA 95, section 549e as

added by 1980 PA 129, section 1011 as amended by 1998 PA 298, and

section 1021 as amended by 2000 PA 56, and by adding sections

880e, 880f, and 880g; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 502. The first judicial circuit consists of the county

2 of Hillsdale and has 1 judge. EFFECTIVE MARCH 3, 2003, THIS CIR-

3 CUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E,

4 THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

5 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF HILLSDALE WHO ON MARCH

6 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

7 Sec. 503. The second judicial circuit consists of the

8 county of Berrien and has 4 judges. EFFECTIVE MARCH 3, 2003,

9 THIS CIRCUIT SHALL HAVE 2 ADDITIONAL JUDGES. PURSUANT TO SECTION

10 880E, THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE FILLED

11 BY THE INCUMBENT PROBATE JUDGES FOR THE COUNTY OF BERRIEN WHO ON

12 MARCH 3, 2003 CEASE TO SERVE AS PROBATE JUDGES.

01691'01

1 Sec. 504. The third judicial circuit consists of the county

2 of Wayne and has 35 64 judges. ~~Pursuant to section 9931, this~~

3 ~~circuit shall have 29 additional judges effective October 1,~~

4 ~~1997.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 9 ADDI-

5 TIONAL JUDGES. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGE-

6 SHIPS IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE

7 JUDGES FOR THE COUNTY OF WAYNE WHO ON MARCH 3, 2003 CEASE TO

8 SERVE AS PROBATE JUDGES.

9 Sec. 505. The fourth judicial circuit consists of the

10 county of Jackson and has 4 judges. EFFECTIVE MARCH 3, 2003,

11 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

12 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

13 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF JACKSON WHO ON

14 MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

15 Sec. 506. ~~(1) except as provided in subsection (2), the~~

16 ~~fifth judicial circuit consists of the counties of Barry and~~

17 ~~Eaton and has 2 judges.~~

18 ~~(2) If the county of Barry approves the reformation of the~~

19 ~~fifth judicial circuit pursuant to law and the county of Eaton~~

20 ~~approves the creation of the fifty-sixth judicial circuit pursu-~~

21 ~~ant to law, the~~ THE fifth judicial circuit consists of the

22 county of Barry and has 1 judge. ~~effective January 1, 1991.~~

23 EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL

24 JUDGE. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGESHIP IN THIS

25 CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE FOR THE

26 COUNTY OF BARRY WHO ON MARCH 3, 2003 CEASES TO SERVE AS A PROBATE

27 JUDGE.

01691'01

1 Sec. 507. The sixth judicial circuit consists of the county

2 of Oakland and has 16 17 judges. ~~Subject to section 550, this~~

3 ~~judicial circuit may have 1 additional judge effective January 1,~~

4 ~~1995.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 4 ADDI-

5 TIONAL JUDGES. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGE-

6 SHIPS IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE

7 JUDGES FOR THE COUNTY OF OAKLAND WHO ON MARCH 3, 2003 CEASE TO

8 SERVE AS PROBATE JUDGES.

9 Sec. 508. The seventh judicial circuit consists of the

10 county of Genesee and has 7 judges. EFFECTIVE MARCH 3, 2003,

11 THIS CIRCUIT SHALL HAVE 3 ADDITIONAL JUDGES. PURSUANT TO SECTION

12 880E, THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE FILLED

13 BY THE INCUMBENT PROBATE JUDGES FOR THE COUNTY OF GENESEE WHO ON

14 MARCH 3, 2003 CEASE TO SERVE AS PROBATE JUDGES.

15 Sec. 509. (1) The eighth judicial circuit consists of the

16 counties of Ionia and Montcalm and has 2 judges WHO SHALL BE

17 ELECTED AT LARGE.

18 (2) EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 2 ADDI-

19 TIONAL JUDGES ELECTED FROM THE FOLLOWING ELECTION DIVISIONS:

20 (A) THE FIRST DIVISION CONSISTS OF THE COUNTY OF IONIA AND

21 HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

22 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

23 FOR THE COUNTY OF IONIA WHO ON MARCH 3, 2003 CEASES TO SERVE AS A

24 PROBATE JUDGE.

25 (B) THE SECOND DIVISION CONSISTS OF THE COUNTY OF MONTCALM

26 AND HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

27 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

01691'01

1 FOR THE COUNTY OF MONTCALM WHO ON MARCH 3, 2003 CEASES TO SERVE

2 AS A PROBATE JUDGE.

3 Sec. 510. The ninth judicial circuit consists of the county

4 of Kalamazoo and has 4 5 judges. ~~Subject to section 550, this~~

5 ~~judicial circuit may have 1 additional judge effective January 1,~~

6 ~~1989.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 3 ADDI-

7 TIONAL JUDGES. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGE-

8 SHIPS IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE

9 JUDGES FOR THE COUNTY OF KALAMAZOO WHO ON MARCH 3, 2003 CEASE TO

10 SERVE AS PROBATE JUDGES.

11 Sec. 511. The tenth judicial circuit consists of the county

12 of Saginaw and has 5 judges. EFFECTIVE MARCH 3, 2003, THIS CIR-

13 CUIT SHALL HAVE 2 ADDITIONAL JUDGES. PURSUANT TO SECTION 880E,

14 THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE FILLED BY THE

15 INCUMBENT PROBATE JUDGES FOR THE COUNTY OF SAGINAW WHO ON MARCH

16 3, 2003 CEASE TO SERVE AS PROBATE JUDGES.

17 Sec. 512. The eleventh judicial circuit consists of the

18 counties of Alger, Luce, and Schoolcraft and has 1 judge.

19 EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL

20 JUDGE. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGESHIP IN

21 THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE OF

22 THE FIFTH PROBATE DISTRICT WHO ON MARCH 3, 2003 CEASES TO SERVE

23 AS A PROBATE JUDGE.

24 Sec. 513. (1) The twelfth judicial circuit consists of the

25 counties of Baraga, Houghton, and Keweenaw and has 1 judge.

26 (2) EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1

27 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E, THE ADDITIONAL

01691'01

1 JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT

2 PROBATE JUDGE FOR THE COUNTY OF HOUGHTON WHO ON MARCH 3, 2003

3 CEASES TO SERVE AS A PROBATE JUDGE.

4 Sec. 514. (1) The thirteenth judicial circuit consists of

5 the counties of Antrim, Grand Traverse, and Leelanau and has 2

6 judges WHO SHALL BE ELECTED AT LARGE.

7 (2) EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 3 ADDI-

8 TIONAL JUDGES ELECTED FROM THE FOLLOWING ELECTION DIVISIONS:

9 (A) THE FIRST DIVISION CONSISTS OF THE COUNTY OF GRAND

10 TRAVERSE AND HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGE-

11 SHIP IN THIS ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT

12 PROBATE JUDGE FOR THE COUNTY OF GRAND TRAVERSE WHO ON MARCH 3,

13 2003 CEASES TO SERVE AS A PROBATE JUDGE.

14 (B) THE SECOND DIVISION CONSISTS OF THE COUNTY OF ANTRIM AND

15 HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

16 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

17 FOR THE COUNTY OF ANTRIM WHO ON MARCH 3, 2003 CEASES TO SERVE AS

18 A PROBATE JUDGE.

19 (C) THE THIRD DIVISION CONSISTS OF THE COUNTY OF LEELANAU

20 AND HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

21 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

22 FOR THE COUNTY OF LEELANAU WHO ON MARCH 3, 2003 CEASES TO SERVE

23 AS A PROBATE JUDGE.

24 Sec. 515. The fourteenth judicial circuit consists of the

25 county of Muskegon and has 4 judges. EFFECTIVE MARCH 3, 2003,

26 THIS CIRCUIT SHALL HAVE 2 ADDITIONAL JUDGES. PURSUANT TO SECTION

27 880E, THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE FILLED

01691'01

1 BY THE INCUMBENT PROBATE JUDGES FOR THE COUNTY OF MUSKEGON WHO ON

2 MARCH 3, 2003 CEASE TO SERVE AS PROBATE JUDGES.

3 Sec. 516. The fifteenth judicial circuit consists of the

4 county of Branch and has 1 judge. EFFECTIVE MARCH 3, 2003, THIS

5 CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E,

6 THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

7 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF BRANCH WHO ON MARCH 3,

8 2003 CEASES TO SERVE AS A PROBATE JUDGE.

9 Sec. 517. The sixteenth judicial circuit consists of the

10 county of Macomb and has 8 9 judges. ~~Subject to section 550,~~

11 ~~this circuit may have 1 additional judge effective January 1,~~

12 ~~1991.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 3 ADDI-

13 TIONAL JUDGES. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGE-

14 SHIPS IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE

15 JUDGES FOR THE COUNTY OF MACOMB WHO ON MARCH 3, 2003 CEASE TO

16 SERVE AS PROBATE JUDGES.

17 Sec. 518. The seventeenth judicial circuit consists of the

18 county of Kent and has 6 7 judges. ~~Subject to section 550,~~

19 ~~this judicial circuit may have 1 additional judge effective~~

20 ~~January 1, 1989.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL

21 HAVE 4 ADDITIONAL JUDGES. PURSUANT TO SECTION 880E, THE ADDI-

22 TIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE FILLED BY THE INCUM-

23 BENT PROBATE JUDGES FOR THE COUNTY OF KENT WHO ON MARCH 3, 2003

24 CEASE TO SERVE AS PROBATE JUDGES.

25 Sec. 519. The eighteenth judicial circuit consists of the

26 county of Bay and has 3 judges. EFFECTIVE MARCH 3, 2003, THIS

27 CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E,

01691'01

1 THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

2 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF BAY WHO ON MARCH 3,

3 2003 CEASES TO SERVE AS A PROBATE JUDGE.

4 Sec. 520. The nineteenth judicial circuit consists of the

5 counties of Manistee and Benzie and has 1 judge. EFFECTIVE MARCH

6 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO

7 SECTION 880E, THE ADDITIONAL JUDGESHIP IN THIS ELECTION DIVISION

8 SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF

9 MANISTEE WHO ON MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

10 Sec. 521. The twentieth judicial circuit consists of the

11 county of Ottawa and has 2 3 judges. ~~Subject to section 550,~~

12 ~~the twentieth judicial circuit may have 1 additional judge effec-~~

13 ~~tive January 1, 1993.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT

14 SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E, THE

15 ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

16 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF OTTAWA WHO ON MARCH 3,

17 2003 CEASES TO SERVE AS A PROBATE JUDGE.

18 Sec. 522. ~~(1) Except as provided in subsection (2), the~~

19 ~~twenty-first judicial circuit consists of the counties of Clare,~~

20 ~~Isabella, and Gladwin and has 2 judges.~~

21 ~~(2) If the county of Isabella approves the reformation of~~

22 ~~the twenty-first judicial circuit pursuant to law and the coun-~~

23 ~~ties of Clare and Gladwin approve the creation of the fifty-fifth~~

24 ~~judicial circuit pursuant to law, the~~ THE twenty-first judicial

25 circuit consists of the county of Isabella and has 1 judge.

26 ~~effective January 1, 1982.~~ EFFECTIVE MARCH 3, 2003, THIS

27 CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E,

01691'01

1 THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

2 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF ISABELLA WHO ON MARCH

3 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

4 Sec. 523. The twenty-second judicial circuit consists of

5 the county of Washtenaw and has 5 judges. EFFECTIVE MARCH 3,

6 2003, THIS CIRCUIT SHALL HAVE 2 ADDITIONAL JUDGES. PURSUANT TO

7 SECTION 880E, THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE

8 FILLED BY THE INCUMBENT PROBATE JUDGES FOR THE COUNTY OF

9 WASHTENAW WHO ON MARCH 3, 2003 CEASE TO SERVE AS PROBATE JUDGES.

10 Sec. 524. ~~Until January 1, 1981, the twenty-third judicial~~

11 ~~circuit consists of the counties of Alcona, Iosco, and Oscoda and~~

12 ~~has 1 judge. Commencing January 1, 1981, the~~ THE twenty-third

13 judicial circuit consists of the counties of Iosco and Oscoda and

14 has 1 judge. EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1

15 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E, THE ADDITIONAL

16 JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PRO-

17 BATE JUDGE FOR THE COUNTY OF IOSCO WHO ON MARCH 3, 2003 CEASES TO

18 SERVE AS A PROBATE JUDGE.

19 Sec. 525. The twenty-fourth judicial circuit consists of

20 the county of Sanilac and has 1 judge. EFFECTIVE MARCH 3, 2003,

21 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

22 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

23 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF SANILAC WHO ON

24 MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

25 Sec. 526. The twenty-fifth judicial circuit consists of the

26 county of Marquette and has 2 judges. EFFECTIVE MARCH 3, 2003,

27 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

01691'01

1 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

2 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF MARQUETTE WHO ON

3 MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

4 Sec. 527. ~~Until January 1, 1981, the twenty-sixth judicial~~

5 ~~circuit consists of the counties of Alpena, Cheboygan,~~

6 ~~Montmorency, and Presque Isle and has 2 judges. Commencing~~

7 ~~January 1, 1981, the~~ THE twenty-sixth judicial circuit consists

8 of the counties of Alpena, Alcona, Montmorency, and Presque Isle

9 and has 2 judges. EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL

10 HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E, THE ADDI-

11 TIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT

12 PROBATE JUDGE FOR THE COUNTY OF ALPENA WHO ON MARCH 3, 2003

13 CEASES TO SERVE AS A PROBATE JUDGE.

14 Sec. 528. (1) The twenty-seventh judicial circuit consists

15 of the counties of Newaygo and Oceana and has ~~1 judge~~ 2 JUDGES

16 WHO SHALL BE ELECTED AT LARGE. ~~Subject to section 550, this~~

17 ~~judicial circuit may have 1 additional judge effective January 1,~~

18 ~~1989.~~

19 (2) EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 2 ADDI-

20 TIONAL JUDGES ELECTED FROM THE FOLLOWING ELECTION DIVISIONS:

21 (A) THE FIRST DIVISION CONSISTS OF THE COUNTY OF NEWAYGO AND

22 HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

23 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

24 FOR THE COUNTY OF NEWAYGO WHO ON MARCH 3, 2003 CEASES TO SERVE AS

25 A PROBATE JUDGE.

26 (B) THE SECOND DIVISION CONSISTS OF THE COUNTY OF OCEANA AND

27 HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

01691'01

1 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

2 FOR THE COUNTY OF OCEANA WHO ON MARCH 3, 2003 CEASES TO SERVE AS

3 A PROBATE JUDGE.

4 Sec. 529. The twenty-eighth judicial circuit consists of

5 the counties of Missaukee and Wexford and has 1 judge. EFFECTIVE

6 MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE.

7 PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS CIRCUIT SHALL BE

8 FILLED BY THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF WEXFORD

9 WHO ON MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

10 Sec. 530. (1) The twenty-ninth judicial circuit consists of

11 the counties of Clinton and Gratiot and has 2 judges WHO SHALL BE

12 ELECTED AT LARGE.

13 (2) EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 2 ADDI-

14 TIONAL JUDGES ELECTED FROM THE FOLLOWING ELECTION DIVISIONS:

15 (A) THE FIRST DIVISION CONSISTS OF THE COUNTY OF CLINTON AND

16 HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

17 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

18 FOR THE COUNTY OF CLINTON WHO ON MARCH 3, 2003 CEASES TO SERVE AS

19 A PROBATE JUDGE.

20 (B) THE SECOND DIVISION CONSISTS OF THE COUNTY OF GRATIOT

21 AND HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

22 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

23 FOR THE COUNTY OF GRATIOT WHO ON MARCH 3, 2003 CEASES TO SERVE AS

24 A PROBATE JUDGE.

25 Sec. 531. The thirtieth judicial circuit consists of the

26 county of Ingham and has 7 judges. EFFECTIVE MARCH 3, 2003, THIS

27 CIRCUIT SHALL HAVE 2 ADDITIONAL JUDGES. PURSUANT TO SECTION 880E,

01691'01

1 THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE FILLED BY THE

2 INCUMBENT PROBATE JUDGES FOR THE COUNTY OF INGHAM WHO ON MARCH 3,

3 2003 CEASE TO SERVE AS PROBATE JUDGES.

4 Sec. 532. The thirty-first judicial circuit consists of the

5 county of St. Clair and has 3 judges. EFFECTIVE MARCH 3, 2003,

6 THIS CIRCUIT SHALL HAVE 2 ADDITIONAL JUDGES. PURSUANT TO SECTION

7 880E, THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE FILLED

8 BY THE INCUMBENT PROBATE JUDGES FOR THE COUNTY OF ST. CLAIR WHO

9 ON MARCH 3, 2003 CEASE TO SERVE AS PROBATE JUDGES.

10 Sec. 533. The thirty-second judicial circuit consists of

11 the counties of Gogebic and Ontonagon and has 1 judge. EFFECTIVE

12 MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE.

13 PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGESHIP IN THIS CIR-

14 CUIT SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE FOR THE

15 COUNTY OF GOGEBIC WHO ON MARCH 3, 2003 CEASES TO SERVE AS A PRO-

16 BATE JUDGE.

17 Sec. 534. (1) ~~Except as provided in subsection (2)~~

18 EFFECTIVE MARCH 3, 2003, the thirty-third judicial circuit con-

19 sists of the counties of Charlevoix and Emmet and has 1 judge WHO

20 SHALL BE ELECTED AT LARGE. PURSUANT TO SECTION 880E, THIS JUDGE-

21 SHIP SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE OF THE SEV-

22 ENTH PROBATE DISTRICT WHO ON MARCH 3, 2003 CEASES TO SERVE AS A

23 PROBATE JUDGE.

24 (2) ~~If the county of Charlevoix approves the reformation of~~

25 ~~the thirty-third judicial circuit pursuant to law and the county~~

26 ~~of Emmet approves the creation of the fifty-seventh judicial~~

27 ~~circuit pursuant to law, the thirty-third judicial circuit~~

01691'01

1 ~~consists of the county of Charlevoix and has 1 judge effective~~

2 ~~January 1, 1995.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL

3 HAVE 2 ADDITIONAL JUDGES ELECTED FROM THE FOLLOWING ELECTION

4 DIVISIONS:

5 (A) THE FIRST DIVISION CONSISTS OF THE COUNTY OF CHARLEVOIX

6 AND HAS 1 JUDGE. THE JUDGESHIP IN THIS ELECTION DIVISION SHALL

7 BE FILLED BY THE INCUMBENT CIRCUIT JUDGE.

8 (B) THE SECOND DIVISION CONSISTS OF THE COUNTY OF EMMET AND

9 HAS 1 JUDGE. THE JUDGESHIP IN THIS ELECTION DIVISION SHALL BE

10 FILLED BY THE INCUMBENT CIRCUIT JUDGE OF THE FIFTY-SEVENTH CIR-

11 CUIT WHO ON MARCH 3, 2003 CEASES TO SERVE AS A JUDGE OF THE

12 FIFTY-SEVENTH CIRCUIT. HE OR SHE SHALL SERVE AS A JUDGE OF THE

13 THIRTY-THIRD JUDICIAL CIRCUIT FOR THE BALANCE OF THE TERM TO

14 WHICH HE OR SHE WAS ELECTED OR APPOINTED.

15 Sec. 535. (1) The thirty-fourth judicial circuit consists

16 of the counties of Arenac, Ogemaw, and Roscommon and has 1

17 ~~judge~~ 2 JUDGES WHO SHALL BE ELECTED AT LARGE. ~~Subject to sec-~~

18 ~~tion 550, the thirty-fourth judicial circuit may have 1 addi-~~

19 ~~tional judge effective January 1, 1991. If a new office of judge~~

20 ~~is added to this circuit to be filled by election in 1990, the~~

21 ~~term of office of the judge for that election only shall be 8~~

22 ~~years.~~

23 (2) EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 2 ADDI-

24 TIONAL JUDGES ELECTED FROM THE FOLLOWING ELECTION DIVISIONS:

25 (A) THE FIRST DIVISION CONSISTS OF THE COUNTY OF ROSCOMMON

26 AND HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

27 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

01691'01

1 FOR THE COUNTY OF ROSCOMMON WHO ON MARCH 3, 2003 CEASES TO SERVE

2 AS A PROBATE JUDGE.

3 (B) THE SECOND DIVISION CONSISTS OF THE COUNTIES OF OGEMAW

4 AND ARENAC HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP

5 IN THIS ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PRO-

6 BATE JUDGE FOR THE COUNTY OF OGEMAW WHO ON MARCH 3, 2003 CEASES

7 TO SERVE AS A PROBATE JUDGE.

8 Sec. 536. The thirty-fifth judicial circuit consists of the

9 county of Shiawassee and has 1 judge. ~~Subject to section 550,~~

10 ~~this circuit may have 1 additional judge effective January 1,~~

11 ~~1991.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDI-

12 TIONAL JUDGE. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGESHIP

13 IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

14 FOR THE COUNTY OF SHIAWASSEE WHO ON MARCH 3, 2003 CEASES TO SERVE

15 AS A PROBATE JUDGE.

16 Sec. 537. The thirty-sixth judicial circuit consists of the

17 county of Van Buren and has ~~1 judge~~ 2 JUDGES. ~~Subject to sec-~~

18 ~~tion 550, this judicial circuit may have 1 additional judge~~

19 ~~effective January 1, 1989.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT

20 SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E, THE

21 ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

22 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF VAN BUREN WHO ON MARCH

23 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

24 Sec. 538. The thirty-seventh judicial circuit consists of

25 the county of Calhoun and has 3 4 judges. ~~Subject to~~

26 ~~section 550, the thirty-seventh judicial circuit may have 1~~

27 ~~additional judge effective January 1, 1993.~~ EFFECTIVE MARCH 3,

01691'01

1 2003, THIS CIRCUIT SHALL HAVE 2 ADDITIONAL JUDGES. PURSUANT TO

2 SECTION 880E, THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE

3 FILLED BY THE INCUMBENT PROBATE JUDGES FOR THE COUNTY OF CALHOUN

4 WHO ON MARCH 3, 2003 CEASE TO SERVE AS PROBATE JUDGES.

5 Sec. 539. The thirty-eighth judicial circuit consists of

6 the county of Monroe and has 3 judges. EFFECTIVE MARCH 3, 2003,

7 THIS CIRCUIT SHALL HAVE 2 ADDITIONAL JUDGES. PURSUANT TO SECTION

8 880E, THE ADDITIONAL JUDGESHIPS IN THIS CIRCUIT SHALL BE FILLED

9 BY THE INCUMBENT PROBATE JUDGES FOR THE COUNTY OF MONROE WHO ON

10 MARCH 3, 2003 CEASE TO SERVE AS PROBATE JUDGES.

11 Sec. 540. The thirty-ninth judicial circuit consists of the

12 county of Lenawee and has 2 judges. EFFECTIVE MARCH 3, 2003,

13 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

14 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

15 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF LENAWEE WHO ON

16 MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

17 Sec. 541. ~~The fortieth judicial circuit consists of the~~

18 ~~counties of Lapeer and Tuscola and has 3 judges. If the county~~

19 ~~of Lapeer approves the reformation of the fortieth judicial cir-~~

20 ~~cuit pursuant to law, and the county of Tuscola approves the cre-~~

21 ~~ation of the fifty-fourth judicial circuit pursuant to law, the~~

22 THE fortieth judicial circuit consists of the county of Lapeer

23 and has 2 judges. ~~effective July 1, 1981.~~ EFFECTIVE MARCH 3,

24 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO

25 SECTION 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE

26 FILLED BY THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF LAPEER

27 WHO ON MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

01691'01

1 Sec. 542. (1) The forty-first judicial circuit consists of

2 the counties of Dickinson, Iron, and Menominee and has ~~1 judge~~

3 2 JUDGES WHO SHALL BE ELECTED AT LARGE. ~~Subject to section 550,~~

4 ~~this circuit may have 1 additional judge effective January 1,~~

5 ~~1985.~~

6 (2) EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 2 ADDI-

7 TIONAL JUDGES ELECTED FROM THE FOLLOWING ELECTION DIVISIONS:

8 (A) THE FIRST DIVISION CONSISTS OF THE COUNTY OF MENOMINEE

9 AND HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

10 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

11 FOR THE COUNTY OF MENOMINEE WHO ON MARCH 3, 2003 CEASES TO SERVE

12 AS A PROBATE JUDGE.

13 (B) THE SECOND DIVISION CONSISTS OF THE COUNTIES OF

14 DICKINSON AND IRON AND HAS 1 JUDGE. PURSUANT TO SECTION 880E,

15 THE JUDGESHIP IN THIS ELECTION DIVISION SHALL BE FILLED BY THE

16 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF DICKINSON WHO ON MARCH

17 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

18 Sec. 543. The forty-second judicial circuit consists of the

19 county of Midland and has 2 judges. EFFECTIVE MARCH 3, 2003,

20 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

21 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

22 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF MIDLAND WHO ON

23 MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

24 Sec. 544. The forty-third judicial circuit consists of the

25 county of Cass and has 1 judge. EFFECTIVE MARCH 3, 2003, THIS

26 CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E,

27 THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

01691'01

1 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF CASS WHO ON MARCH 3,

2 2003 CEASES TO SERVE AS A PROBATE JUDGE.

3 Sec. 545. The forty-fourth judicial circuit consists of the

4 county of Livingston and has 2 judges. EFFECTIVE MARCH 3, 2003,

5 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

6 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

7 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF LIVINGSTON WHO ON

8 MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

9 Sec. 546. The forty-fifth judicial circuit consists of the

10 county of St. Joseph and has 1 judge. EFFECTIVE MARCH 3, 2003,

11 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

12 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

13 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF ST. JOSEPH WHO ON

14 MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

15 Sec. 547. The forty-sixth judicial circuit consists of the

16 counties of Kalkaska, Crawford, and Otsego and has ~~1 judge.~~

17 ~~Subject to section 550, this circuit may have 1 additional judge~~

18 ~~effective January 1, 1985~~ 2 JUDGES. EFFECTIVE MARCH 3, 2003,

19 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

20 880E, THE ADDITIONAL JUDGESHIP IN THIS ELECTION DIVISION SHALL BE

21 FILLED BY THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF OTSEGO

22 WHO ON MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

23 Sec. 548. The forty-seventh judicial circuit consists of

24 the county of Delta and has 1 judge. EFFECTIVE MARCH 3, 2003,

25 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

26 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

01691'01

1 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF DELTA WHO ON MARCH

2 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

3 Sec. 549. The forty-eighth judicial circuit consists of the

4 county of Allegan and has ~~1 judge~~ 2 JUDGES. ~~Subject to sec-~~

5 ~~tion 550, the forty-eighth judicial circuit may have 1 additional~~

6 ~~judge effective January 1, 1991.~~ EFFECTIVE MARCH 3, 2003, THIS

7 CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E,

8 THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

9 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF ALLEGAN WHO ON MARCH 3,

10 2003 CEASES TO SERVE AS A PROBATE JUDGE.

11 Sec. 549a. The forty-ninth judicial circuit consists of the

12 counties of Mecosta and Osceola and has 1 judge. EFFECTIVE MARCH

13 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO

14 SECTION 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE

15 FILLED BY THE INCUMBENT PROBATE JUDGE OF THE EIGHTEENTH PROBATE

16 DISTRICT WHO ON MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

17 Sec. 549b. (1) The fiftieth judicial circuit consists of

18 the counties of Chippewa and Mackinac and has 1 judge WHO SHALL

19 BE ELECTED AT LARGE.

20 (2) EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 2 ADDI-

21 TIONAL JUDGES ELECTED FROM THE FOLLOWING ELECTION DIVISIONS:

22 (A) THE FIRST DIVISION CONSISTS OF THE COUNTY OF CHIPPEWA

23 AND HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

24 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

25 FOR THE COUNTY OF CHIPPEWA WHO ON MARCH 3, 2003 CEASES TO SERVE

26 AS A PROBATE JUDGE.

01691'01

1 (B) THE SECOND DIVISION CONSISTS OF THE COUNTY OF MACKINAC

2 AND HAS 1 JUDGE. PURSUANT TO SECTION 880E, THE JUDGESHIP IN THIS

3 ELECTION DIVISION SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

4 OF THE SIXTH PROBATE DISTRICT WHO ON MARCH 3, 2003 CEASES TO

5 SERVE AS A PROBATE JUDGE.

6 Sec. 549c. The fifty-first judicial circuit consists of the

7 counties of Lake and Mason and has 1 judge. EFFECTIVE MARCH 3,

8 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO

9 SECTION 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE

10 FILLED BY THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF MASON WHO

11 ON MARCH 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

12 Sec. 549d. The fifty-second judicial circuit consists of

13 the county of Huron and has 1 judge. EFFECTIVE MARCH 3, 2003,

14 THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION

15 880E, THE ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY

16 THE INCUMBENT PROBATE JUDGE FOR THE COUNTY OF HURON WHO ON MARCH

17 3, 2003 CEASES TO SERVE AS A PROBATE JUDGE.

18 Sec. 549e. ~~Subject to section 550a, the~~ THE fifty-third

19 judicial circuit consists of the county of Cheboygan and has 1

20 judge. EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDI-

21 TIONAL JUDGE. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGESHIP

22 IN THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE

23 FOR THE COUNTY OF CHEBOYGAN WHO ON MARCH 3, 2003 CEASES TO SERVE

24 AS A PROBATE JUDGE.

25 Sec. 549f. ~~If the county of Lapeer approves the reforma-~~

26 ~~tion of the fortieth judicial circuit pursuant to law, and the~~

27 ~~county of Tuscola approves the creation of the fifty-fourth~~

01691'01

1 ~~judicial circuit pursuant to law, the~~ THE fifty-fourth judicial

2 circuit consists of the county of Tuscola and has 1 judge.

3 ~~effective July 1, 1981.~~ EFFECTIVE MARCH 3, 2003, THIS CIRCUIT

4 SHALL HAVE 1 ADDITIONAL JUDGE. PURSUANT TO SECTION 880E, THE

5 ADDITIONAL JUDGESHIP IN THIS CIRCUIT SHALL BE FILLED BY THE

6 INCUMBENT PROBATE JUDGE FOR THE COUNTY OF TUSCOLA WHO ON MARCH 3,

7 2003 CEASES TO SERVE AS A PROBATE JUDGE.

8 Sec. 549g. ~~If the county of Isabella approves the reforma-~~

9 ~~tion of the twenty-first judicial circuit pursuant to law and the~~

10 ~~counties of Clare and Gladwin approve the creation of the~~

11 ~~fifty-fifth judicial circuit pursuant to law, the~~ THE

12 fifty-fifth judicial circuit consists of the counties of Clare

13 and Gladwin and has 1 judge. ~~effective January 1, 1982.~~

14 EFFECTIVE MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL

15 JUDGE. PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGESHIP IN

16 THIS CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE OF

17 THE SEVENTEENTH PROBATE DISTRICT WHO ON MARCH 3, 2003 CEASES TO

18 SERVE AS A PROBATE JUDGE.

19 Sec. 549h. ~~If the county of Barry approves the reformation~~

20 ~~of the fifth judicial circuit pursuant to law, and the county of~~

21 ~~Eaton approves the creation of the fifty-sixth judicial circuit~~

22 ~~pursuant to law, the~~ THE fifty-sixth judicial circuit consists

23 of the county of Eaton and has ~~1 judge effective January 1,~~

24 ~~1991~~ 2 JUDGES. ~~Subject to section 550, this judicial circuit~~

25 ~~may have 1 additional judge effective January 1, 1991.~~ EFFECTIVE

26 MARCH 3, 2003, THIS CIRCUIT SHALL HAVE 1 ADDITIONAL JUDGE.

27 PURSUANT TO SECTION 880E, THE ADDITIONAL JUDGESHIP IN THIS

01691'01

1 CIRCUIT SHALL BE FILLED BY THE INCUMBENT PROBATE JUDGE FOR THE

2 COUNTY OF EATON WHO ON MARCH 3, 2003 CEASES TO SERVE AS A PROBATE

3 JUDGE.

4 Sec. 549i. ~~If the county of Charlevoix approves the refor-~~

5 ~~mation of the thirty-third judicial circuit pursuant to law, and~~

6 ~~the county of Emmet approves the creation of the fifty-seventh~~

7 ~~judicial circuit pursuant to law,~~ UNTIL MARCH 3, 2003, the

8 fifty-seventh judicial circuit consists of the county of Emmet

9 and has 1 judge. ~~effective January 1, 1995.~~

10 Sec. 550. (1) An additional circuit judgeship permitted by

11 this chapter shall not be authorized to be filled by election

12 unless each county in the circuit, by resolution adopted by the

13 county board of commissioners, approves the creation of that

14 judgeship and unless the clerk of each county adopting ~~such a~~

15 THE resolution files a copy of the resolution with the state

16 court administrator not later than 4 p.m. of the sixteenth

17 Tuesday preceding the August primary for the election to fill the

18 additional circuit judgeship. The state court administrator

19 shall immediately notify the elections division of the department

20 of state with respect to each new circuit judgeship authorized

21 pursuant to this subsection.

22 (2) A resolution required under subsection (1) that is filed

23 before the effective date of the amendatory act that authorized

24 that judgeship is a valid approval of the judgeship for purposes

25 of this section only if the filing occurs within the 2-year state

26 legislative session during which the amendatory act was enacted.

27 A resolution required under subsection (1) that is filed after

01691'01

1 the effective date of the amendatory act that added that

2 judgeship is a valid approval of the judgeship for purposes of

3 this section only if the filing occurs not later than 4 p.m. of

4 the sixteenth Tuesday preceding the August primary for the elec-

5 tion immediately preceding the effective date of the additional

6 judgeship.

7 (3) By permitting an additional judgeship, the legislature

8 is not creating that judgeship. If a county, acting through its

9 board of commissioners, approves the creation of an additional

10 circuit judgeship, that approval constitutes an exercise of the

11 county's option to provide a new activity or service or to

12 increase the level of activity or service offered in the county

13 beyond that required by existing law, as the elements of that

14 option are defined by ~~Act No. 101 of the Public Acts of 1979,~~

15 ~~being sections 21.231 to 21.244 of the Michigan Compiled Laws~~

16 1979 PA 101, MCL 21.231 TO 21.244, and a voluntary acceptance by

17 the county of all expenses and capital improvements which may

18 result from the creation of the judgeship. However, the exercise

19 of the option does not affect the state's obligation to pay the

20 same portion of the additional judge's salary ~~which is~~ paid by

21 the state to the other judges of the same circuit, or to appro-

22 priate and disburse funds to the county for the necessary costs

23 of state requirements established by a state law ~~which~~ THAT

24 becomes effective on or after December 23, 1978.

25 (4) Each additional circuit judgeship created pursuant to

26 subsection (1) shall be filled by election pursuant to the

27 Michigan election law, ~~Act No. 116 of the Public Acts of 1954,~~

01691'01

1 ~~as amended, being sections 168.1 to 168.992 of the Michigan~~

2 ~~Compiled Laws~~ 1954 PA 116, MCL 168.1 TO 168.992. The first term

3 of each additional circuit judgeship shall be 6 years, unless the

4 law permitting the additional judgeship provides for a term of a

5 different length.

6 (5) A NEW CIRCUIT JUDGESHIP CREATED PURSUANT TO THE 2001

7 AMENDATORY ACT THAT ADDED THIS SUBSECTION DOES NOT REQUIRE LOCAL

8 APPROVAL UNDER THIS SECTION.

9 Sec. 550a. (1) If a new judicial circuit is proposed by

10 law, that new circuit shall not be created ~~nor~~ AND any circuit

11 judgeship proposed for the circuit SHALL NOT be authorized or

12 filled by election unless each county in the proposed circuit, by

13 resolution adopted by the county board of commissioners, approves

14 the creation of the new circuit and each judgeship proposed for

15 the circuit and unless the clerk of each county adopting ~~such a~~

16 THAT resolution files a copy of the resolution with the state

17 court administrator not later than 4 p.m. of the sixteenth

18 Tuesday preceding the August primary immediately following the

19 effective date of the amendatory act permitting the creation of

20 the new circuit. The state court administrator shall immediately

21 notify the elections division of the department of state with

22 respect to each new judicial circuit and circuit judgeship autho-

23 rized pursuant to this subsection.

24 (2) By proposing a new judicial circuit and 1 or more cir-

25 cuit judgeships for the circuit, the legislature is not creating

26 that circuit or any judgeship in the circuit. If a county,

27 acting through its board of commissioners, approves the creation

01691'01

1 of a new circuit and 1 or more circuit judgeships proposed by law

2 for that circuit, that approval constitutes an exercise of the

3 county's option to provide a new activity or service or to

4 increase the level of activity or service offered in the county

5 beyond that required by existing law, as the elements of that

6 option are defined by ~~Act No. 101 of the Public Acts of 1979,~~

7 ~~being sections 21.231 to 21.244 of the Michigan Compiled Laws~~

8 1979 PA 101, MCL 21.231 TO 21.244, and a voluntary acceptance by

9 the county of all expenses and capital improvements which may

10 result from the creation of the new circuit and each judgeship.

11 However, the exercise of the option does not affect the state's

12 obligation to pay a portion of the circuit judge's or judges'

13 salary as provided by law, or to appropriate and disburse funds

14 to the county for the necessary costs of state requirements

15 established by a state law which becomes effective on or after

16 December 23, 1978.

17 (3) Each circuit judgeship created pursuant to subsection

18 (1) shall be filled by election pursuant to ~~Act No. 116 of the~~

19 ~~Public Acts of 1954, as amended, being sections 168.1 to 168.992~~

20 ~~of the Michigan Compiled Laws~~ THE MICHIGAN ELECTION LAW, 1954

21 PA 116, MCL 168.1 TO 168.992. The first term of each circuit

22 judgeship shall be 6 years, unless the law permitting the cre-

23 ation of the new circuit and 1 or more judgeships provides for a

24 term of a different length.

25 (4) THE REFORMATION OF THE THIRTY-THIRD AND FIFTY-SEVENTH

26 JUDICIAL CIRCUITS AND THE CREATION OF NEW CIRCUIT JUDGESHIPS

01691'01

1 PURSUANT TO THE 2001 AMENDATORY ACT THAT ADDED THIS SUBSECTION DO

2 NOT REQUIRE LOCAL APPROVAL UNDER THIS SECTION.

3 SEC. 880E. ON MARCH 3, 2003, THE JURISDICTION OF THE PRO-

4 BATE COURT IN ALL COUNTIES OTHER THAN THE COUNTIES OF ALCONA,

5 ARENAC, BARAGA, BENZIE, CRAWFORD, IRON, KALKASKA, KEWEENAW, LAKE,

6 MISSAUKEE, MONTMORENCY, ONTONAGON, OSCODA, AND PRESQUE ISLE SHALL

7 BE TRANSFERRED TO THE FAMILY DIVISION OF THE CIRCUIT COURT FOR

8 THAT COUNTY AND THE PROBATE JUDGE FOR THAT COUNTY SHALL BECOME A

9 CIRCUIT JUDGE OF THE JUDICIAL CIRCUIT ENCOMPASSING THE COUNTY IN

10 WHICH HE OR SHE RESIDES FOR THE BALANCE OF THE TERM OF OFFICE TO

11 WHICH HE OR SHE HAS BEEN ELECTED OR APPOINTED.

12 SEC. 880F. AT 12 NOON, JANUARY 1, 2007, OR UPON THE OCCUR-

13 RENCE OF A VACANCY IN THE OFFICE OF PROBATE JUDGE IN KEWEENAW

14 COUNTY, WHICHEVER OCCURS FIRST, THE JURISDICTION OF THE PROBATE

15 COURT IN KEWEENAW COUNTY SHALL BE TRANSFERRED TO THE FAMILY DIVI-

16 SION OF THE CIRCUIT COURT FOR THAT COUNTY AND THE OFFICE OF PRO-

17 BATE JUDGE IN THAT COUNTY SHALL BE ABOLISHED.

18 SEC. 880G. (1) ON THE DATE DETERMINED UNDER SUBSECTION (2),

19 THE PROBATE COURT AND THE OFFICE OF PROBATE JUDGE IN THE COUNTY

20 OF ALCONA, ARENAC, BARAGA, BENZIE, CRAWFORD, IRON, KALKASKA,

21 LAKE, MISSAUKEE, MONTMORENCY, ONTONAGON, OSCODA, OR PRESQUE ISLE

22 IS ABOLISHED AND THE JURISDICTION OF THE PROBATE COURT IN THAT

23 COUNTY SHALL BE TRANSFERRED TO THE FAMILY DIVISION OF THE CIRCUIT

24 COURT FOR THAT COUNTY.

25 (2) SUBSECTION (1) TAKES EFFECT FOR A COUNTY LISTED IN SUB-

26 SECTION (1) ON THE EARLIER OF THE FOLLOWING DATES:

01691'01

1 (A) THE DATE ON WHICH A VACANCY OCCURS IN THE OFFICE OF

2 PROBATE JUDGE IN THAT COUNTY.

3 (B) THE BEGINNING DATE OF THE TERM FOR WHICH THE INCUMBENT

4 PROBATE JUDGE IN THAT COUNTY NO LONGER SEEKS ELECTION OR REELEC-

5 TION TO THAT OFFICE.

6 Sec. 1011. (1) ~~Not later than July 1, 1997, in~~ IN each

7 judicial circuit, the chief circuit judge ~~and the chief probate~~

8 ~~judge or judges~~ shall ~~enter into an agreement that establishes~~

9 ESTABLISH a plan for how the family division will be operated in

10 that circuit and how the services of the agencies listed in sec-

11 tion 1043 will be coordinated in order to promote more efficient

12 and effective services to families and individuals. ~~In Wayne~~

13 ~~county such agreement shall be made by the chief circuit judge,~~

14 ~~chief probate judge, and the chief judge for Detroit's recorder's~~

15 ~~court.~~

16 (2) If, in any judicial circuit, ~~the agreement~~ A PLAN

17 required under subsection (1) is not ~~entered into on or before~~

18 ~~July 1, 1997~~ ESTABLISHED, the supreme court shall develop and

19 implement the plan for that judicial circuit.

20 (3) A plan required under subsection (1) shall provide that

21 the duration of a judge's assignment to the family division be

22 consistent with the goal of developing sufficient judicial exper-

23 tise in family law to properly serve the interests of the fami-

24 lies and children whose cases are assigned to that judge. The

25 chief judge of the circuit court shall have the authority and

26 flexibility to determine the duration of a judge's assignment to

27 the family division in furtherance of this goal.

01691'01

1 (4) A judge assigned to the family division shall receive

2 appropriate training as required by the supreme court.

3 (5) A plan required under subsection (1) may provide that

4 when a judge's assignment to the family division ends, the pend-

5 ing cases of that judge are to be reassigned to the other judge

6 or judges of the family division, or are to be resolved by that

7 judge by temporarily assigning that judge to the family division

8 for that purpose.

9 ~~(6) In addition to the assignment of judges of probate to~~

10 ~~the family division of circuit court, a plan required under sub-~~

11 ~~section (1) in a multicounty circuit may provide that a judge of~~

12 ~~probate in 1 county in the circuit may be assigned temporarily to~~

13 ~~assist a judge of probate of another county in the circuit, as~~

14 ~~needed.~~

15 ~~(7) If a probate court district includes counties that are~~

16 ~~in different judicial circuits, the chief judge of each judicial~~

17 ~~circuit that includes a county in the probate court district and~~

18 ~~the chief probate judge or judges in the circuit may enter into~~

19 ~~an agreement that establishes a plan for how the family division~~

20 ~~will be operated in the affected circuits and how the services of~~

21 ~~agencies listed in section 1043 will be coordinated under subsec-~~

22 ~~tion (1).~~

23 (6) ~~(8)~~ A plan required under subsection (1) ~~or entered~~

24 ~~into under subsection (7)~~ shall be reviewed and revised periodi-

25 cally, as necessary, by the chief circuit judge ~~or judges and~~

26 ~~the chief probate judge or judges,~~ and shall be submitted for

27 approval by the supreme court.

01691'01

1 Sec. 1013. ~~(1)~~ In each judicial circuit, consistent with

2 the plan established for that circuit under section 1011, the

3 chief judge of the circuit court shall assign the judge or judges

4 of circuit court ~~and probate court~~ who will serve in the family

5 division. The total number of judges assigned to the family

6 division shall reasonably reflect the caseload of that family

7 division.

8 ~~(2) If the caseload of the family division is not suffi-~~

9 ~~cient to utilize fully the time of the judge or judges assigned~~

10 ~~to the family division, the chief judge of the circuit court may~~

11 ~~assign 1 or more judges to assist with the caseload of the cir-~~

12 ~~cuit court.~~

13 ~~(3) The trial court assessment commission shall review the~~

14 ~~number of judges assigned to the family division of each judicial~~

15 ~~circuit to determine whether the number of judges assigned to the~~

16 ~~family division reasonably reflects the caseload of that family~~

17 ~~division, and shall make appropriate recommendations for the con-~~

18 ~~tinuation of, or change in, the number of judges so assigned.~~

19 Sec. 1019. The Michigan judicial institute shall provide

20 appropriate training for all ~~probate judges and~~ circuit judges

21 who are assigned as judges of the family division.

22 Sec. 1021. (1) Except as otherwise provided by law, the

23 family division of circuit court has sole and exclusive jurisdic-

24 tion over the following cases commenced on or after January 1,

25 1998:

26 (a) Cases of divorce and ancillary matters as set forth in

27 the following statutes:

01691'01

1 (i) 1846 RS 84, MCL 552.1 to 552.45.

2 (ii) 1909 PA 259, MCL 552.101 to 552.104.

3 (iii) 1911 PA 52, MCL 552.121 to 552.123.

4 (iv) 1913 PA 379, MCL 552.151 to 552.156.

5 (v) The friend of the court act, 1982 PA 294, MCL 552.501 to

6 552.535.

7 (vi) 1905 PA 299, MCL 552.391.

8 (vii) 1949 PA 42, MCL 552.401 to 552.402.

9 (viii) The family support act, 1966 PA 138, MCL 552.451 to

10 552.459.

11 (ix) The support and parenting time enforcement act, 1982 PA

12 295, MCL 552.601 to 552.650.

13 (x) The interstate income withholding act, 1985 PA 216, MCL

14 552.671 to 552.685.

15 (b) Cases of adoption as provided in chapter X of the pro-

16 bate code of 1939, 1939 PA 288, MCL 710.21 to 710.70.

17 (c) Cases involving certain children incapable of adoption

18 under 1925 PA 271, MCL 722.531 to 722.534.

19 (d) Cases involving a change of name as provided in chapter

20 XI of the probate code of 1939, 1939 PA 288, MCL 711.1 to 711.2.

21 (e) Cases involving juveniles as provided in chapter XIIA of

22 the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.

23 (f) Cases involving the status of minors and the emancipa-

24 tion of minors under 1968 PA 293, MCL 722.1 to 722.6.

25 (g) Cases of child custody under the child custody act of

26 1970, 1970 PA 91, MCL 722.21 to 722.30, and child custody

27 jurisdiction as provided in sections 651 to 673.

01691'01

1 (h) Cases involving paternity and child support under the

2 paternity act, 1956 PA 205, MCL 722.711 to 722.730.

3 (i) Cases involving parental consent for abortions performed

4 on unemancipated minors under the parental rights restoration

5 act, 1990 PA 211, MCL 722.901 to 722.908.

6 (j) Cases involving child support under the revised uniform

7 reciprocal enforcement of support act, 1952 PA 8, MCL 780.151 to

8 780.183.

9 (k) Cases involving personal protection orders under sec-

10 tions 2950 and 2950a.

11 (l) CASES INVOLVING MATTERS TRANSFERRED TO THE FAMILY DIVI-

12 SION OF CIRCUIT COURT FROM THE FORMER PROBATE COURT PURSUANT TO

13 SECTION 880E, 880F, OR 880G.

14 (2) The family division of circuit court has ancillary

15 jurisdiction over the following cases commenced on or after

16 January 1, 1998, UNLESS THE CASE INVOLVES A MATTER THAT WAS

17 TRANSFERRED TO THE FAMILY DIVISION OF CIRCUIT COURT PURSUANT TO

18 SECTION 880E, 880F, OR 880G:

19 (a) Cases involving guardians and conservators as provided

20 in article 5 of the estates and protected individuals code, 1998

21 PA 386, MCL 700.5101 to 700.5513.

22 (b) Cases involving treatment of, or guardianship of, men-

23 tally ill or developmentally disabled persons under the mental

24 health code, 1974 PA 258, MCL 330.1001 to 330.2106.

25 Sec. 1023. (1) When 2 or more matters within the jurisdic-

26 tion of the family division of circuit court involving members of

27 the same family are pending in the same judicial circuit, those

01691'01

1 matters, whenever practicable, shall be assigned to the judge to

2 whom the first such case was assigned.

3 (2) A case that was assigned to a FORMER probate judge who

4 subsequently is assigned as a judge of the family division, and

5 that is within the jurisdiction of the family division under sec-

6 tion 1021, shall be assigned to that same judge in his or her

7 capacity as a judge of the family division of circuit court.

8 ~~(3) A case that was assigned to a probate judge who subse-~~

9 ~~quently is assigned to the family division, and that is not~~

10 ~~within the jurisdiction of the family division under section~~

11 ~~1021, shall remain in probate court. The chief circuit judge may~~

12 ~~temporarily assign to probate court the probate judge to whom the~~

13 ~~case was assigned in probate court to preside over the case until~~

14 ~~the case is completed.~~

15 (3) ~~(4)~~ A case commenced in probate court that is trans-

16 ferred to the family division of circuit court on January 1, 1998

17 may be reassigned to a judge of the family division. ~~, or the~~

18 ~~probate judge to whom the case was assigned may be temporarily~~

19 ~~assigned to the family division to resolve that case.~~

20 Enacting section 1. Section 9948 of the revised judicature

21 act of 1961, 1961 PA 236, MCL 600.9948, is repealed effective

22 March 3, 2003.

23 Enacting section 2. This amendatory act takes effect March

24 3, 2003.

25 Enacting section 3. This amendatory act does not take

26 effect unless Senate Joint Resolution R of the 91st Legislature

01691'01

1 becomes a part of the state constitution of 1963 as provided in

2 section 1 of article XII of the state constitution of 1963.

01691'01 Final page. DRM