SB-0193, As Passed House, October 27, 2005

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 193

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 8117 (MCL 600.8117), as amended by 1997 PA 161.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8117.  (1) Except as provided in subsection (3), the

 

eighth district consists of the county of Kalamazoo except the

 

cities of Kalamazoo and Portage, is a district of the second class,

 

and has 2 judges.

 

     (2) Except as provided in subsection (3), the ninth district

 

consists of the cities of Kalamazoo and Portage, is a district of

 

the third class, and is divided into the following election

 

divisions:

 

     (a) The first division consists of the city of Kalamazoo and

 


has 4 judges.

 

     (b) The second division consists of the city of Portage and

 

has 1 judge.

 

     (3) Effective January 1, 1999, if the county of Kalamazoo, the

 

city of Portage, and the city of Kalamazoo have approved the

 

reformation of the eighth district pursuant to law, the  The eighth

 

district consists of the county of Kalamazoo, is a district of the

 

first class, and has 7 judges.  , and is divided into 3 election

 

divisions, as follows:

 

     (a) The first division consists of the city of Kalamazoo and

 

has 4 judges.

 

     (b) The second division consists of the city of Portage and

 

has 1 judge.

 

     (c) The third division consists of the county of Kalamazoo

 

except the cities of Kalamazoo and Portage and has 2 judges.

 

     Enacting section 1. This amendatory act takes effect January

 

2, 2007.

 

     Enacting section 2. Upon the effective date of this amendatory

 

act, all incumbent district judges elected or appointed to the

 

first, second, and third election divisions of the eighth district

 

and serving at 11:59 p.m. on January 1, 2007 shall serve as judges

 

of the reconstituted eighth district until the expiration of the

 

terms for which they were elected or appointed.

 

     Enacting section 3. To stagger the terms of 7 district judges

 

in the eighth district court district so that approximately 1/3 of

 

those terms expire every 2 years, the candidate for district judge

 

receiving the highest number of votes in the 2010 general election

 


only shall receive a term of 8 years if both of the following

 

conditions apply:

 

     (a) That candidate is among the persons listed together on the

 

ballot seeking election to 1 or more existing judgeships for which

 

the incumbent judge is seeking election.

 

     (b) That candidate is not seeking election to fill the

 

unexpired portion of a term.