HB-5337, As Passed House, March 10, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5337
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 504, 517, 518, 549g, 803, and 8142 (MCL
600.504, 600.517, 600.518, 600.549g, 600.803, and 600.8142),
sections 504, 517, and 803 as amended by 2002 PA 715, section 518
as amended by 2001 PA 256, and section 549g as added by 1981 PA
182.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 504. (1) The
third judicial circuit consists of the
2 county of Wayne and has the
following number of 63 judges. :
3 (a) Until 12
noon, January 1, 2003, 64 judges.
4 (b) Beginning 12
noon, January 1, 2003, 63 judges; however,
5 if, after 12 noon,
January 1, 2003, a vacancy occurs in a
6 judgeship held by an
incumbent judge of this circuit who would be
7 ineligible to seek
reelection to that office in 2004, that
1 judgeship is
eliminated unless the total number of judgeships in
2 this circuit has been
reduced to 61 before that vacancy
3 occurred.
4 (c) Beginning 12
noon, January 1, 2005, 61 judges.
5 Sec. 517. The sixteenth judicial circuit consists of the
6 county of Macomb and has 9
11 judges. Subject to section 550,
7 this circuit may have 2
additional judges effective January 1,
8 2003, and 1 additional judge effective January 1, 2005. If
2
9 new offices of judge
are added to this circuit by election in
10 2002, the candidate
receiving the highest number of votes in the
11 November 2002 general
election shall be elected for a term of 8
12 years, and the
candidate receiving the second highest number of
13 votes shall be elected
for a term of 6 years. If a new
office of
14 judge is added to this circuit by election in 2004, the term of
15 office of that judgeship for that election only shall be 8
16 years. Subject to section 550, this circuit may have another
17 additional judge effective January 1, 2007.
18 Sec. 518. The seventeenth judicial circuit consists of the
19 county of Kent and has 7
9 judges. Subject to section 550,
20 this judicial circuit may
have 2 1 additional judges judge
21 effective January 1, 2003
2007.
22 Sec. 549g. If
the county of Isabella approves the
23 reformation of the
twenty-first judicial circuit pursuant to law
24 and the counties of
Clare and Gladwin approve the creation of the
25 fifty-fifth judicial
circuit pursuant to law, the The
26 fifty-fifth judicial circuit consists of the counties of Clare
27 and Gladwin and has 1
judge. effective January 1, 1982. Subject
1 to section 550, this judicial circuit may have 1 additional judge
2 effective January 1, 2005.
3 Sec. 803. (1) Except as otherwise provided in this section,
4 each county which that
is not part of a probate court district
5 created pursuant to sections 808 to 810 or previously created
6 pursuant to law shall
have at least 1 judge of probate.
7 (2) Each probate court district created pursuant to law shall
8 have 1 judge of probate.
9 (3) The counties of Berrien, Calhoun, Ingham, Monroe,
10 Muskegon, Saginaw, St. Clair, and Washtenaw shall each have 2
11 judges of probate.
12 (4) Until 12 noon, January 1, 2005, the county of Genesee
13 shall have 3 judges of probate; however, if, after 12 noon,
14 January 1, 2003, a vacancy occurs in the judgeship held by the
15 incumbent probate judge in Genesee county whose term of office
16 expires January 1, 2005 and who would be ineligible to seek
17 reelection to that office in 2004, that probate judgeship is
18 eliminated effective 12 noon, January 1, 2005. Beginning
19 12 noon, January 1, 2005, the county of Genesee shall have
20 2 judges of probate.
21 (5) Until 12 noon, January 1, 2005, the county of Macomb
22 shall have 3 judges of probate; however, if the incumbent probate
23 judge in Macomb county whose term of office as probate judge
24 expires on January 1, 2005 is elected in 2002 to the office of
25 circuit judge in the sixteenth judicial circuit for a term
26 beginning January 1, 2003, that probate judgeship is eliminated
27 effective 12 noon, January 1, 2005. Beginning 12 noon,
1 January 1, 2005, the county of Macomb shall have 2 judges of
2 probate.
3 (6) The county of Kalamazoo shall have 3 judges of probate.
4 (7) The county of Kent shall have 4 judges of probate.
5 (8) The county of Oakland shall have 4 judges of probate.
6 (9) The county of
Wayne shall have the following number of
7 9 judges of probate.
:
8 (a) Until
subdivision (b) takes effect, the county of Wayne
9 shall have 9 judges of
probate.
10 (b) The county of
Wayne shall have 8 judges of probate
11 beginning on the
earliest of the following dates:
12 (i) Upon the occurrence of a vacancy in a judgeship held
by
13 an incumbent probate
judge in Wayne county whose term expires on
14 January 1, 2005, and
who would be ineligible to seek reelection
15 to that office in
2004.
16 (ii) Upon the expiration of the term of an incumbent
probate
17 judge who is not
eligible to seek reelection to that office.
18 (10) When 1 or more new judges of probate are authorized in a
19 county pursuant to this section, the new judgeship or judgeships
20 shall appear on the ballot separate and apart from other judicial
21 offices of the same court in the primary and general election.
22 Sec. 8142. (1)
The Except as provided in subsection (2),
23 the seventy-seventh district consists of the counties of Mecosta
24 and Osceola, is a district of the first class, and has 1 judge.
25 (2) Subject to section 8175, effective January 1, 2005, the
26 seventy-seventh district consists of the counties of Mecosta and
27 Osceola, is a district of the first class, and is divided into
1 the following election divisions:
2 (a) The first division consists of the county of Mecosta and
3 has 1 judge.
4 (b) The second division consists of the county of Osceola and
5 has 1 judge.
6 Enacting section 1. If the new judgeship in the
7 seventy-seventh district authorized by this amendatory act is
8 approved as provided by law, the election for that judgeship
9 shall take place in Osceola county.