November 19, 2002, Introduced by Senator Van REGENMORTER and referred to the Committee on Judiciary.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 1, 11, 12, 13, 18, 19,
22, 23, 24, 27, and 30 of article VI; adding section 31 to
article VI; and repealing sections 15 and 16 of article VI, to
provide for the reorganization of the judicial branch.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to provide for the reorganization of the
judicial branch, is proposed, agreed to, and submitted to the
people of the state:
1 ARTICLE VI
2 Sec. 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
5 general jurisdiction known as the circuit court, one
probate
1 court, and courts of limited jurisdiction that the
legislature
2 may establish by a two-thirds vote of the members elected to and
3 serving in each house. The probate court and each office of
4 probate judge shall continue to exist until abolished as provided
5 by law in accordance with section 31.
6 Sec. 11. The state shall be divided into judicial circuits
7 along county lines in each of which there shall be elected one or
8 more circuit judges as provided by law. Sessions
of the circuit
9 court shall be held at least four times in each year
in every
10 county organized for judicial purposes. Each
circuit judge shall
11 hold court in the county or counties within the
circuit in which
12 he is elected, and in other circuits as may be provided
by rules
13 of the supreme court. A judicial circuit that
comprises more
14 than one county may be divided into election divisions along
15 county lines as provided by law. A circuit judge elected from an
16 election division shall have authority to preside within the
17 entire judicial circuit. The number of judges may be changed and
18 circuits may be created, altered and discontinued as provided by
19 law. and the number of judges shall be
changed and circuits
20 shall be created, altered and discontinued on
recommendation of
21 the supreme court Every odd numbered year, the supreme
court
22 shall make recommendations to the legislature as to whether the
23 number of judges should be changed and circuits should be
24 created, altered, or discontinued, to reflect changes in judicial
25 activity. No change in the number of judges or alteration or
26 discontinuance of a circuit or election division shall have the
27 effect of removing a judge from office during his
a term of
1 that judge.
2 Sec. 12. Circuit judges shall be nominated and elected at
3 non-partisan elections in the circuit or election division in
4 which they reside as provided by law, and shall hold office for a
5 term of six years and until their successors are elected and
6 qualified. In circuits or election divisions having more than
7 one circuit judge their terms of office shall may
be arranged
8 by law to provide that not all terms will expire at the same
9 time.
10 Sec. 13. The circuit court shall have original jurisdiction
11 in all matters not prohibited by law; appellate jurisdiction from
12 all inferior courts and tribunals except as otherwise provided by
13 law; power to issue, hear and determine prerogative and remedial
14 writs; and supervisory and general control over inferior courts
15 and tribunals within their respective jurisdictions in accordance
16 with rules of the supreme court.
; and jurisdiction of other
17 cases and matters as provided by rules of the
supreme court.
18
Sec. 15. In each county organized for judicial purposes
19 there shall be a probate court. The legislature may
create or
20 alter probate court districts of more than one
county if approved
21 in each affected county by a majority of the
electors voting on
22 the question. The legislature may provide for the
combination of
23 the office of probate judge with any judicial office
of limited
24 jurisdiction within a county with supplemental
salary as provided
25 by law. The jurisdiction, powers and duties of the
probate court
26 and of the judges thereof shall be provided by law.
They shall
27 have original jurisdiction in all cases of juvenile
delinquents
1 and dependents, except as otherwise provided by law.
2 Sec. 16. One or more judges of probate as
provided by law
3 shall be nominated and elected at non-partisan
elections in the
4 counties or the probate districts in which they
reside and shall
5 hold office for terms of six years and until their
successors are
6 elected and qualified. In counties or districts
with more than
7 one judge the terms of office shall be arranged by
law to provide
8 that not all terms will expire at the same time.
9 Sec. 18. Salaries of justices of the
supreme court, of the
10 judges of the court of appeals , shall
be uniform and salaries
11 of the circuit judges within a circuit, and of
the probate
12 judges within a county or district, shall be uniform.
, and
13 The total salary of a judge may be increased but shall not be
14 decreased during a term of office except and only to the extent
15 of a general salary reduction in all other branches of
16 government.
17
Each of the judges of the circuit court shall receive an
18 annual salary as provided by law. In addition to
the salary
19 received from the state, each circuit judge may
receive from any
20 county in which he regularly holds court an
additional salary as
21 determined from time to time by the board of
supervisors of the
22 county. In any county where an additional salary is
granted, it
23 shall be paid at the same rate to all circuit judges
regularly
24 holding court therein.
25 Sec. 19. (1) The supreme court, the court of appeals, the
26 circuit court, the probate court and other
courts designated as
27 such by the legislature shall be courts of record and each shall
1 have a common seal. Justices and judges of courts of record must
2 be persons who are licensed to practice law in this state.
3 (2) To be qualified to serve as a judge of a trial court, a
4 judge of the court of appeals, or a justice of the supreme court,
5 a person shall have been admitted to the practice of law for at
6 least 5 years. This subsection shall not apply
to any judge or
7 justice appointed or elected to judicial office
prior to the date
8 on which this subsection becomes part of the
constitution.
9 (3) No person shall be elected or appointed to a judicial
10 office after reaching the age of 70 years.
11 Sec. 22. Any A judge of the
court of appeals, circuit
12 court or probate court may become a candidate in
the primary
13 election for the office of which he or she is the incumbent by
14 filing an affidavit of candidacy in the form and manner
15 prescribed by law.
16 Sec. 23. (1) A vacancy shall occur in the office of justice
17 or judge of any court of record or in the district
court by
18 death, removal, resignation, or vacating of the office, and such
19 vacancy shall be filled by appointment by the governor. The
20 person appointed by the governor shall hold office until 12 noon
21 of the first day of January next succeeding the first general
22 election held after the vacancy occurs, at which election a
23 successor shall be elected for the remainder of the unexpired
24 term. Whenever a new office of judge in a court of
record , or
25 the district court, is created by law, it shall
be filled by
26 election as provided by law. The dividing of a court or the
27 merger or consolidation of two or more courts that does not
1 result in a change in the total number of judgeships in the court
2 or courts does not create a new office of judge or a vacancy for
3 purposes of this section.
4 (2) The supreme court may authorize persons who have been
5 elected and served as judges to perform judicial duties for
6 limited periods or specific assignments.
7 Sec. 24. (1) There shall be printed upon the ballot under
8 the name of each incumbent justice or judge who is a candidate
9 for nomination or election to the same office the designation of
10 that office.
11 (2) Whenever a judicial office is altered or abolished by
12 operation of law or constitutional amendment, the legislature may
13 provide that an incumbent judge in that office who becomes a
14 candidate for another judicial office of a trial court within the
15 county or counties comprising all or part of the judicial office
16 being altered or abolished, may have printed upon the ballot
17 under his or her name the designation of the judicial office
18 being altered or abolished, unless the law altering or abolishing
19 the office provides for another designation.
20 Sec. 27. The supreme court, the court of
appeals, the
21 circuit court, or any justices or judges thereof, shall not
22 exercise any power of appointment to public office except as
23 provided in this constitution. Judges of courts of record may
24 exercise powers of appointment as provided by law.
25 Sec. 30. (1) A judicial tenure commission is established
26 consisting of nine persons selected for three-year terms as
27 follows: Four Three members shall
be judges elected by the
1 judges of the courts in which they serve; one shall be a court of
2 appeals judge, one a circuit judge, one a
probate judge and one
3 a judge of a court of limited jurisdiction. Three shall be
4 members of the state bar who shall be elected by the members of
5 the state bar, of whom one shall be a judge and two shall not be
6 judges. Two shall be appointed by the governor; the members
7 appointed by the governor shall not be judges, retired judges or
8 members of the state bar. One member shall be appointed by the
9 supreme court and shall not be a judge, retired judge, or a
10 member of the state bar. Terms shall be staggered as provided by
11 rule of the supreme court. Vacancies shall be filled by the
12 appointing power.
13 (2) On recommendation of the judicial tenure commission, the
14 supreme court may censure, suspend with or without salary, retire
15 or remove a judge for conviction of a felony, physical or mental
16 disability which prevents the performance of judicial duties,
17 misconduct in office, persistent failure to perform his or her
18 duties, habitual intemperance or conduct that is clearly
19 prejudicial to the administration of justice. The supreme court
20 shall make rules implementing this section and providing for
21 confidentiality and privilege of proceedings.
22 Sec. 31. (1) Except as provided in subsection (2), (3), or
23 (4), on or after January 1, 2004, and in a manner provided by
24 law, the jurisdiction of the probate court in every county may be
25 transferred to the circuit court for that county and each probate
26 judge for that county or probate court district shall become a
27 circuit judge of the judicial circuit for the county in which the
1 judge resides, for the balance of the term of office to which he
2 or she had been elected or appointed as a probate judge.
3 (2) The probate court and office of probate judge in the
4 counties of Arenac and Crawford shall continue to exist until
5 altered or abolished by law on or after January 1, 2004. For
6 each of those counties, if the probate court and office of
7 probate judge are altered or abolished, the legislature may
8 provide that the probate judge shall become a judge of a court of
9 limited jurisdiction or a circuit judge of the judicial circuit
10 for the county in which the judge resides, for the balance of the
11 term of office to which he or she had been elected or appointed
12 as a probate judge.
13 (3) The legislature may abolish the probate court and office
14 of probate judge in Keweenaw county on or after the earlier of
15 the following dates:
16 (a) The date on which a vacancy occurs in the office of
17 probate judge of Keweenaw county.
18 (b) January 1, 2007.
19 (4) The legislature may abolish the probate court and office
20 of probate judge in the counties of Alcona, Baraga, Benzie, Iron,
21 Kalkaska, Lake, Missaukee, Montmorency, Oscoda, Ontonagon, and
22 Presque Isle on or after the earlier of the following dates:
23 (a) The date on which a vacancy occurs in the office of
24 probate judge in that county.
25 (b) The beginning date of the term for which the incumbent
26 probate judge in that county no longer seeks election or
27 reelection to that office.
1 Resolved further, That the foregoing amendment shall be
2 submitted to the people of the state at the November 2002 general
3 election, in the manner provided by law.