January 27, 2005, Introduced by Rep. Stewart and referred to the Committee on Judiciary.
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
local funding unit 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).
(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
county.