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HB-4025, As Passed House, March 16, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4025

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 8507 (MCL 600.8507), as amended by 1994 PA 5.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 8507. (1) Magistrates shall be registered electors in the

county in which they are appointed. All magistrates appointed shall

serve at the pleasure of the judges of the district court. Before

assuming office, persons appointed magistrates shall take the

constitutional oath of office and file a bond with the ~~county~~

treasurer of a local funding unit of that district in an amount

determined by the state court administrator. The bond shall also

apply to temporary service in another county under subsection (2),

or (3), or (4), or pursuant to a multiple district plan under

subsection (5).

(2) In a district of the first class that consists of more

than 1 county, if a magistrate is temporarily absent or

incapacitated, the chief or only district judge may direct a

magistrate of another county of the same district to serve

temporarily in the county where the magistrate is temporarily

absent or incapacitated. The district judge shall make his or her

order in writing. A magistrate serving temporarily under this

subsection ~~shall~~ is not be entitled to additional compensation

but shall be reimbursed for actual and necessary expenses incurred

during the authorized temporary service upon certification and

approval by the state court administrator. Upon allowance, the

reimbursement shall be paid by the state treasurer out of the

appropriation for the state court administrative office.

(3) In a district of the first class that consists of more

than 1 county, the chief or only district judge may authorize a

magistrate appointed in 1 county to serve in another county in the

district.

(4) Pursuant to a multiple district plan under section 8320

involving adjoining districts of the first class, a district court

magistrate appointed in a county of 1 district may be authorized to

serve in a county of the adjoining district. While serving in the

adjoining district, the magistrate shall be subject to the

superintending control of the chief or only district judge of that

district.

(5) Pursuant to a multiple district plan under section 8320

involving districts in the same county, a district court magistrate

may be authorized to serve in any participating district of the