REVISED JUDICATURE ACT:  COURT REVISIONS

Senate Bill 448

Sponsor:  Sen. Alan L. Cropsey

House Committee:  Judiciary

Senate Committee:  Judiciary

Complete to 11-29-05

A SUMMARY OF SENATE BILL 448 AS PASSED BY THE SENATE 11-10-05

The bill would amend the Revised Judicature Act (RJA) to make various changes relating to the operation and administration of courts in the state.  The following is a description of the bill's provisions.

Concurrent Jurisdiction.  Section 410 of the RJA prohibits a plan of concurrent jurisdiction from delegating a power of appointment to a public office delegated by constitution or statute to the circuit court or a circuit judge, the probate court or a probate judge, or the district court or a district judge.  Section 810a of the act, however, provides that the probate judges in certain counties have the jurisdiction, powers, duties, and title of a district judge within their counties, in addition to the jurisdiction, powers, duties, and title of a probate judge.  (Section 810a currently applies to the probate judges in Arenac, Kalkaska, Crawford, Lake, Iron, and Ontonagon Counties.  Beginning January 2, 2007, it also will apply to the probate judges in Alcona, Baraga, Benzie, Missaukee, Montmorency, Oscoda, and Presque Isle Counties.)

The bill specifies that a plan of concurrent jurisdiction could provide that a probate judge of a county listed in Section 810a would have the jurisdiction, powers, and duties of a district judge within that county, including jurisdiction over small claims and civil infraction actions and the power of appointment to a public office delegated by constitution or statute to the district judge.

Retired Judges' Per-Day Salary.  Article VI, Section 23 of the State Constitution allows the Supreme Court to authorize people who have been elected and served as judges to perform judicial duties for limited periods or specific assignments. In addition, the RJA allows the Supreme Court to authorize any retired judge from any court to perform judicial duties in any court in the State.

The RJA provides that the salary for each day in which a retired judge serves pursuant to Article VI, Section 23 and Michigan law is the greater of the following:

·                    $100 per diem for each day or part of a day spent discharging his or her duties.

·                    The difference between 1/250th of the annual salary paid for the judicial office during the time the retired judge serves in the office and 1/250th of the State retirement allowance paid to the retired judge during the time he or she serves in the office.

Under the bill, a retired judge's per-day salary instead would be 1/250th of the annual salary paid for the judicial office during the time he or she served in office.

Probate Court Districts' Effective Dates.  The RJA provides for the creation of certain multicounty probate court districts if a majority of the electors voting on the question in each affected county approves the probate court district. The act specifies that a probate court district becomes effective on the date of common expiration of the terms of the probate judges in the counties constituting the district that occurs not less than 220 days after the vote on the question.  Under the bill, instead, a probate court district would become effective on the beginning date of the term for which an incumbent probate judge in any county in the district no longer sought reelection to that office that occurred at least 220 days after the vote on the question.

Civil Infraction Document Disposal.  Under the RJA, not less than six years after the entry of a judgment in a civil action, including a summary proceeding, a civil infraction action, or an ordinance violation or criminal case in the district court, the court may dispose of documents, records, recordings, and notes related to that action, except the register of actions under a schedule adopted by the State Administrative Board.  The bill would delete reference to a civil infraction action from that provision.  Under the bill, the court could order the destruction of documents, records, recordings, and notes related to a civil infraction action not less than three years after the entry of a finding in the action.

The bill would retain an exception that allows a court to order the destruction of notes, tapes, and recordings that have been transcribed and filed with the court one year after the date of the filing of the transcript.

Civil Infraction Citation.  The bill would allow a person who was not a Michigan resident and who was issued a citation for a civil infraction to "recognize to the law enforcement officer or to the court for his or her appearance by leaving with the officer or court a sum of money not to exceed $100.00".  The officer who received the deposit would have to give the person a receipt for the money, together with the written citation.

Upon or before completing his or her tour of duty, the law enforcement officer would have to deliver the money and the citation either to the court named in the citation or the agency chief or person authorized by the chief to receive deposits.  The chief or other authorized person would have to deposit the money and the citation with the court. Failure to deliver the deposit would be embezzlement of public money.

If the person who posted a deposit failed to appear as required in the citation, or for a scheduled informal or formal hearing, the court having jurisdiction and venue over the civil infraction would have to enter a default judgment against the person.  The deposited money then would be forfeited and applied to any civil fine or costs ordered.

Estate Administration Fees.  The RJA requires that, in all decedents' estates in which proceedings are instituted for probate, the probate court charge and collect fees as an expense of administration on the value of all assets, as of the date of the decedent's death.  The fees, which are based on the value of an estate, equate to a dollar amount plus a percentage of an amount over a certain level.  For example, in an estate valued at less than $1,000, the fee is $5 plus 1 percent of the amount over $500.  In an estate valued at $100,000 to $500,000, the fee is $362.50 plus 1/8 of 1 percent of the amount over $100,000.  For estates worth over $500,000, additional fees are charge based on increments of $100,000.

The fees are due and payable to the probate court before the filing of the final account or within one year after the commencement of probate proceedings, whichever occurs first. Under the bill, the fees would be rounded to the whole dollar.

Court Sanctions.  The RJA grants the Supreme Court, the circuit court, and all other courts of record the power to punish by fine and/or imprisonment people who are guilty of any neglect or violation of duty or misconduct in certain circumstances.  These include parties to actions, attorneys, counselors, and all other people for the nonpayment of any sum of money that the court has ordered to be paid, "in cases where by law execution cannot be awarded for the collection of the sum."  The bill would delete the quoted phrase from that provision.

DNR Service of Civil Process.  The RJA provides that civil process in the district court must be served by a sheriff, deputy sheriff, or court officer appointed for that purpose.  Officers of the Department of State Police may serve civil process, however, in any action to which the State of Michigan is a party, and city or village police may serve civil process in any action to which their city or village is a party.  The bill would allow DNR conservation officers, in addition to state police officers, to serve civil process in any action to which the state was a party.

36^th District Court Bailiffs.  The RJA provides that a person who was serving as a bailiff of the former Common Pleas Court of Detroit on August 31, 1981, automatically became a bailiff of the 36th District Court on September 1, 1981.  The act requires that the court clerk pay $1 from certain district court filing fees to the Wayne County retirement fund, to be credited to the retirement fund of the bailiffs of the 36th district serving civil process.  The county annually must review the retirement fund and ensure that it is maintained in an actuarially sound condition.  Copies of the actuarial reports must be provided to the State Court Administrator.  Under the bill, the reports would have to be provided to the chief judge of the 36th District Court rather than to the State Court Administrator.

District Court Magistrates' Bonding.  The RJA requires magistrates to be registered electors in the county in which they are appointed.  All magistrates serve at the pleasure of the district court judges.  Before assuming office, people appointed as magistrates must take the constitutional oath of office and file a bond with the county treasurer in an amount determined by the State Court Administrator.  The bill would require the bond to be filed with the treasurer of a local funding unit of the district, rather than with the county treasurer.

Under the RJA, a magistrate's bond applies to temporary service in another county.  Under the bill, the bond also would apply to temporary service under a multiple district plan.  (The act allows a district court magistrate to serve in any participating district in a multiple district plan involving districts in the same county.)

Other Provisions.  The bill would do the following:

·                    Require a Court of Appeals judge whose first term began on or after January 1, 1994, to maintain offices only in the principal Court of Appeals offices in his or her district or in another office located in the municipality, rather than city where the principal Court of Appeals facilities are located. 

·                    Eliminate requirements that certain probate court testimony taken by an official court reporter or recorder and all district court proceedings that are required to be recorded, use a recording device approved by the State Court Administrator.

·                    Provide that a court reporter or court recorder would hold office at the pleasure of the chief judge of the court to which he or she was appointed, rather than at the pleasure of the governor, and delete language pertaining to the suspension of a court reporter or recorder for incompetence or misconduct.

Repealer.  The bill would repeal sections of the RJA that provide for the assignment of a "senior judge" to certain nonjury civil actions (MCL 600.557-600.557b); and a section that requires magistrates to maintain a docket on forms approved by the Supreme Court and submit reports relative to caseload and activity in a manner and form prescribed by the Supreme Court (MCL 600.8555).

MCL 600.226 et al.

FISCAL IMPACT:

The bill would have an indeterminate fiscal impact on the state and local units of government. 

 

Visiting Judge Salaries.  Local court funding units generally would incur increased costs under the proposed revision in the formula for paying visiting judges.  At present, a visiting judge's daily salary is the greater of either $100 or the difference between 1/250th of the annual salary for that judgeship and 1/250th of the judge's state retirement allowance.  The bill would make the daily salary 1/250th of the salary for the judicial position.  Under the current formula, the amount that applies typically is the calculated amount and not the flat $100, and the bill would increase costs by eliminating the subtraction of the 1/250th of the judge's state retirement allowance from the 1/250th of the salary for the position. 

 

The actual increase would vary with each visiting judge, depending on his or her retirement benefit, which in turn would vary with his or her salary at retirement and number of years of service.  However, an example can be constructed.  The current salary for a circuit court judge is $139,919, and 1/250th of that is $560.  The State Court Administrative Office reports that 1/250th of the retirement allowance of a circuit judge who retired in 2004 with 16 years of service would be almost $270.  Under current law, the daily payment to the visiting judge would be the difference between $560 and $270, or $290.  Under the bill, the daily salary would be the full $560. 

 

Other Fiscal Implications.  Collections of civil infraction fines and costs could improve through provisions affecting nonresident drivers, and local court funding units' costs of records storage and retrieval could be reduced under a provision to decrease the minimum length of storage. 

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Marilyn Peterson

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.