April 28, 2005, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 226, 303d, 410, 810, 859, 871, 1105, 1701,
8322, 8344, 8507, and 8611 (MCL 600.226, 600.303d, 600.410,
600.810, 600.859, 600.871, 600.1105, 600.1701, 600.8322, 600.8344,
600.8507, and 600.8611), section 226 as amended by 1990 PA 185,
section 303d as amended by 2004 PA 448, section 410 as added by
2002 PA 678, sections 859, 1105, and 8611 as amended by 1986 PA
308, section 1701 as amended by 1987 PA 99, section 8322 as amended
by 1996 PA 388, section 8344 as amended by 1992 PA 192, and section
8507 as amended by 1994 PA 5, and by adding sections 411 and 8808;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 226. (1) The supreme court may authorize any retired
judge from any court to perform judicial duties in any court in the
state. The authorization may be for a period or periods as the
supreme court shall designate with the consent of the retired
judge.
(2) Any retired judge assigned to any period of active
judicial service pursuant to section 23 of article VI of the state
constitution of 1963 and pursuant to the laws of the state relating
to judicial service shall be compensated as follows:
(a) The judge shall receive a salary payable at the same times
and from the same sources as provided for the judicial office in
which the judge is authorized to perform judicial duties.
(b) The performance of the authorized judicial duties shall be
without prejudice to all other rights of the judge under the
retirement systems.
(c) The salary for each day in which the judge serves as
authorized
shall be the greater of the following:
(i) One hundred dollars per diem for each day or part
of a day
spent
in the discharge of his or her duties.
(ii) 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 the retired judge serves in the
office.
(d) Necessary expenses incidental to the performance of duties
required by the assignment, including travel, meals, and lodging,
shall be paid by the state in accordance with the established
provisions and procedures for state officials and upon the approval
of the court administrator.
(3)
This section does not apply to the performance of judicial
duties
by a senior judge under sections 557, 557a, and 557b.
Sec. 303d. (1) To effectuate the transition from 3 districts
having a total of 24 judges to 4 districts having a total of 28
judges, the following special provisions apply:
(a) The judgeship in district 1 filled on October 13, 1993 by
an incumbent whose term expires January 1, 1995 and who is not
eligible to seek reelection shall terminate January 1, 1995 and
shall not be filled by election in 1994.
(b) To provide 7 judges in districts 3 and 4:
(i) In district 3, 4 new judgeships shall be filled by election
in 1994. The candidate receiving the highest number of votes is
elected for a term of 10 years, the candidates receiving the second
and third highest number of votes are elected for terms of 8 years
each, and the candidate receiving the fourth highest number of
votes is elected for a term of 6 years.
(ii) In district 4, 1 new judgeship shall be filled by election
in 1994. The candidate receiving the highest number of votes is
elected for a term of 6 years.
(2) A judge of the court of appeals who is elected or
appointed to a first term that begins on or after January 1, 1994
shall maintain offices only in the principal court of appeals
offices in the district in which he or she was elected or appointed
or
in another office located in the city municipality where the
principal court of appeals facilities are located.
Sec. 410. A plan of concurrent jurisdiction adopted under this
chapter shall not include a delegation of any of the following:
(a) A power of appointment to a public office delegated by
constitution or statute to the circuit court or a circuit judge.
(b) A power of appointment to a public office delegated by
constitution or statute to the probate court or a probate judge.
(c) A
Except as provided in
section 411, a power of
appointment to a public office delegated by constitution or statute
to the district court or a district judge.
Sec. 411. A plan of concurrent jurisdiction may provide that a
probate judge of a county described in section 810a has 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.
Sec. 810. Except when section 809 results in an earlier
effective date, a probate court district created under section 808
shall
become becomes effective upon the date of common
expiration
of
the terms of the probate judges in the counties comprising the
district
which beginning date of the
term for which an incumbent
probate judge in any county in the district no longer seeks
reelection to that office that occurs not less than 220 days after
the vote on the question. At the general election immediately
preceding
that date, of common expiration of terms, 1
probate
judge for the district shall be elected as provided in section
808(5).
Sec. 859. (1) The following testimony before a probate judge
shall be taken by an official court reporter or by an official
court
recorder: on a recording device approved by the state court
administrator:
(a) Testimony in contested matters.
(b) Testimony in matters pertaining to the admission to a
hospital or other facility for mentally ill or developmentally
disabled persons.
(c) Testimony in matters pertaining to persons having a
contagious disease.
(d) Testimony in other matters if requested by an interested
party.
(e) Testimony and other proceedings required by supreme court
rule.
(2) In matters not governed by subsection (1), testimony
before a probate judge, probate register, or deputy probate
register may be given orally without a record being made of the
testimony.
(3) The reporter or recorder shall keep sufficient index of
the testimony and the court shall keep the index and the original
notes for at least 10 years. The reporter or recorder need not
transcribe
the testimony , except when unless a transcript is
ordered by the court or a party. Except in those cases in which the
testimony is transcribed and filed with the record of the case,
notes pertaining to a hearing for the admission of any person to a
hospital or other place of detention as a mentally ill or
developmentally disabled person or as a person with a contagious
disease ,
shall be destroyed only after the discharge of the
person from the hospital or facility.
(4) Notes may not be destroyed until after 10 years after the
date of the hearing or as provided in subsection (3), whichever is
longer.
Sec. 871. (1) In all decedents' estates in which proceedings
are instituted for probate, the probate court shall charge and
collect the following fees as an expense of administration on the
value of all assets, as of the date of death of the decedent, as
follows:
(a) In an estate of value of less than $1,000.00, $5.00 plus
1% of the amount over $500.00.
(b) In an estate of value of $1,000.00 or more, but less than
$3,000.00, $25.00.
(c) In an estate of value of $3,000.00 or more but less than
$10,000.00, $25.00 plus 5/8 of 1% of the amount over $3,000.00.
(d) In an estate of value of $10,000.00 or more but less than
$25,000.00, $68.75 plus 1/2 of 1% of the amount over $10,000.00.
(e) In an estate of value of $25,000.00 but less than
$50,000.00, $143.75 plus 3/8 of 1% of the amount over $25,000.00.
(f) In an estate of value of $50,000.00 but less than
$100,000.00, $237.50 plus 1/4 of 1% of the amount over $50,000.00.
(g) In an estate of value of $100,000.00 to $500,000.00,
$362.50 plus 1/8 of 1% of the amount over $100,000.00.
(h) For each additional $100,000.00 value, or larger fraction
thereof, over $500,000.00, $62.50.
(i) For each additional $100,000.00 value, or larger fraction
thereof, over $1,000,000.00, $31.25.
(2) The fees in subsection (1), rounded to the whole dollar,
shall be due and payable to the probate court before the filing of
the final account or within 1 year after the commencement of
probate proceedings, whichever occurs first. A final accounting
shall not be accepted by the probate court until the fees are paid
in full and shown as part of the final accounting. An official
receipt shall be issued to the payer when the fees are collected.
Sec. 1105. Every reporter or recorder shall hold office at the
pleasure
of the governor unless suspended for incompetency or
misconduct,
by chief judge of the court to which he or she is
appointed. In
the case of a suspension, the reporter or recorder
shall
cease to hold the office of reporter or recorder unless by
order
of the court his or her suspension is rescinded. If the
suspension
is not rescinded within 30 days of the order of
suspension,
the office shall become vacant.
Sec.
1701. The supreme court, circuit courts court, and all
other courts of record, have power to punish by fine or
imprisonment, or both, persons guilty of any neglect or violation
of duty or misconduct in all of the following cases:
(a) Disorderly, contemptuous, or insolent behavior, committed
during its sitting, in its immediate view and presence, and
directly tending to interrupt its proceedings or impair the respect
due to its authority.
(b) Any breach of the peace, noise, or disturbance directly
tending to interrupt its proceedings.
(c) All attorneys, counselors, clerks, registers, sheriffs,
coroners,
and all other persons in any manner
duly elected
or
appointed to perform any judicial or ministerial services, for any
misbehavior in their office or trust, or for any willful neglect or
violation of duty, for disobedience of any process of the court, or
any lawful order of the court, or any lawful order of a judge of
the court or of any officer authorized to perform the duties of the
judge.
(d) Parties to actions for putting in fictitious bail or
sureties or for any deceit or abuse of the process or proceedings
of the court.
(e) Parties to actions, attorneys, counselors, and all other
persons for the nonpayment of any sum of money which the court has
ordered
to be paid. , in cases where by law execution cannot be
awarded
for the collection of the sum.
(f) Parties to actions, attorneys, counselors, and all other
persons for disobeying or refusing to comply with any order of the
court for the payment of temporary or permanent alimony or support
money or costs made in any action for divorce or separate
maintenance.
(g) Parties to actions, attorneys, counselors, and all other
persons for disobeying any lawful order, decree, or process of the
court.
(h) All persons for assuming to be and acting as officers,
attorneys, or counselors of any court without authority; for
rescuing
any property or persons which that
are in the custody of
an officer by virtue of process issued from that court; for
unlawfully detaining any witness or party to an action while he or
she is going to, remaining at, or returning from the court where
the action is pending for trial, or for any other unlawful
interference with or resistance to the process or proceedings in
any action.
(i) All persons who, having been subpoenaed to appear before
or attend, refuse or neglect to obey the subpoena, to attend, to be
sworn, or when sworn, to answer any legal and proper interrogatory
in any of the following circumstances:
(i) As a witness in any court in this state.
(ii) Any officer of a court of record who is empowered to
receive evidence.
(iii) Any commissioner appointed by any court of record to take
testimony.
(iv) Any referees or auditors appointed according to the law to
hear any cause or matter.
(v) Any notary public or other person before whom any
affidavit or deposition is to be taken.
(j) Persons summoned as jurors in any court, for improperly
conversing with any party to an action which is to be tried in that
court, or with any other person in regard to merits of the action,
or for receiving communications from any party to the action or any
other person in relation to the merits of the action without
immediately disclosing the communications to the court.
(k) All inferior magistrates, officers, and tribunals for
disobedience of any lawful order or process of a superior court, or
for proceeding in any cause or matter contrary to law after the
cause or matter has been removed from their jurisdiction.
(l) The publication of a false or grossly inaccurate
report of
its
the court's proceedings, but no a court
shall not punish as
a contempt the publication of true, full, and fair reports of any
trial, argument, proceedings, or decision had in the court.
(m) All other cases where attachments and proceedings as for
contempts have been usually adopted and practiced in courts of
record to enforce the civil remedies of any parties or to protect
the rights of any party.
Sec. 8322. (1) A person serving as a bailiff of the common
pleas court of Detroit on August 31, 1981, pursuant to an
appointment
under section 23 of former Act No. 260 of the Public
Acts
of 1929 1929 PA 260, shall become a bailiff of the district
court in the thirty-sixth district on September 1, 1981. A bailiff
shall be considered a court officer under section 8321(1) for the
exclusive purpose of serving civil process in a civil action
commenced in the district court in the thirty-sixth district,
except for process issued in a summary proceeding under chapter 57.
All process issued by the district court in civil actions shall be
rotated among the bailiffs pursuant to rules adopted by the court.
A bailiff shall file with the clerk of the court a surety bond in
the amount of $100,000.00 with a surety company. The premium on the
surety bond shall be paid by the district control unit. A bailiff
shall possess only the powers necessary to serve process issued by
the court. A bailiff governed pursuant to this subsection may bear
arms while in office and in the exercise of his or her duties as
bailiff. A bailiff shall hold office until death, retirement,
resignation, or removal from office by the court for misfeasance or
malfeasance in office. A vacancy in the office of bailiff as
established pursuant to this subsection shall not be filled.
(2) A person serving as a bailiff of the common pleas court on
August 31, 1981, pursuant to an appointment under section 31 of
former Act
No. 260 of the Public Acts of 1929 1929
PA 260, shall
become a bailiff of the district court in the thirty-sixth district
on September 1, 1981. A bailiff shall be considered a court officer
under section 8321(1) for the exclusive purpose of serving civil
process in summary proceedings commenced under chapter 57 in the
district court in the thirty-sixth district. All process issued by
the district court in summary proceedings shall be rotated among
the bailiffs pursuant to rules adopted by the court, except that a
writ of restitution shall be issued to the bailiff to whom the
summons was issued in the particular proceeding. A bailiff shall
file with the clerk of the court a surety bond in an amount of
$100,000.00 with a surety company. The premium on the surety bond
shall be paid by the district control unit. A bailiff governed
pursuant to this subsection shall be considered a peace officer
only
for the purpose of receiving compensation provided by Act
No.
329
of the Public Acts of 1937, being sections 419.101 to 419.104
of
the Michigan Compiled Laws 1937 PA 329, MCL 419.101 to 419.104.
A bailiff shall hold office until death, retirement, resignation,
or removal from office by the court for misfeasance or malfeasance
in office. A vacancy in the office of bailiff established pursuant
to this subsection shall not be filled.
(3) A bailiff governed pursuant to this section shall keep a
written record of the date, amount, and nature of each financial
transaction conducted by the bailiff in the course of his or her
service as bailiff. An audit of each bailiff's financial
transactions shall be conducted annually by the district control
unit and reported immediately to the judges of the district. If the
audit prescribed by this subsection is not conducted by the
district control unit before June 30 of any year, the judges of the
court shall contract with a certified public accountant to perform
the audit. If a certified public accountant is required to perform
the audit, the cost of the audit shall be paid by the district
control unit.
(4) Upon the existence of a vacancy in the office of bailiff
established under this section, the chief judge of the district may
appoint a court officer pursuant to section 8321(1).
(5) A bailiff serving civil process pursuant to subsection (1)
or (2) shall be compensated by salary and the fees and mileage
prescribed in section 8326. A full-time bailiff, as defined by the
employer designated under section 8274(2) or (3), shall receive
from the city of Detroit a $20,000.00 annual salary. For each part-
time bailiff, as defined by the employer designated under section
8274(2) or (3), the employer designated under section 8274(2) or
(3) shall establish a salary which is a pro rata portion of
$20,000.00 based on that portion of a full-time bailiff's workload
to be assigned to the bailiff. A bailiff covered by this subsection
shall not be entitled to any compensation from the city of Detroit
other than that specifically authorized in this subsection.
(6) A bailiff serving civil process pursuant to subsection (1)
or (2) shall not become a member of the state employees' retirement
system
created by Act No. 240 of the Public Acts of 1943, being
sections
38.1 to 38.47 of the Michigan Compiled Laws the state
employees' retirement act, 1943 PA 240, MCL 38.1 to 38.47.
Beginning September 1, 1981, the city of Detroit shall contribute
to the retirement system in which the bailiff is a member on August
31, 1981, an amount equal to the amount which the state would have
contributed
to the state employees' retirement system pursuant to
Act
No. 240 of the Public Acts of 1943 the
state employees'
retirement act, 1943 PA 240, MCL 38.1 to 38.47, if the bailiff had
become a member of the state employees' retirement system, based on
the salary paid by the city of Detroit pursuant to subsection (5).
Beginning September 1, 1981, each bailiff shall continue to
contribute to the retirement system in which the bailiff is a
member on August 31, 1981, as required by ordinance, based on
salary and fees received pursuant to subsection (5), except
mileage.
(7) From each filing fee collected under section 8371, the
clerk of the court shall pay to the Wayne county retirement system
the sum of $1.00, to be credited to the retirement fund of the
bailiffs of the district court in the thirty-sixth district serving
civil process pursuant to subsection (1). The county of Wayne shall
annually review the retirement fund and shall ensure that the fund
is maintained in an actuarially sound condition. Copies of the
actuarial reports shall be provided to the employer designated
under
section 8274(2) or (3) and to the
state court administrator
chief judge of the thirty-sixth district court.
(8) From each filing fee collected for filing a summary
proceeding under section 5756, the clerk of the court shall pay to
the Wayne county retirement system the sum of $1.00 for each
defendant served in the proceeding, to be credited to the
retirement fund of the bailiffs of the district court in the
thirty-sixth district serving civil process pursuant to subsection
(2). However, the amount credited to the retirement fund under this
subsection shall not exceed 1/2 of the fee collected in a
proceeding. The county of Wayne shall annually review the
retirement fund and shall ensure that the fund is maintained in an
actuarially sound condition. Copies of the actuarial reports shall
be provided to the employer designated under section 8274(2) or (3)
and
to the state court administrator chief judge of the thirty-
sixth district court.
Sec. 8344. Except as provided in this section, not less than 6
years after the entry of a judgment in a civil action, including a
summary
proceeding, or a civil infraction action, or in
an
ordinance violation case or a 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 pursuant to
a schedule adopted by the state administrative board. The court may
order the destruction of documents, records, recordings, and notes
related to a civil infraction action not less than 3 years after
the entry of a finding in the action. The court may order the
destruction of notes, tapes, and recordings that have been
transcribed and filed with the court 1 year after the date of the
filing of the transcript. The register of actions shall be in a
form adequate to reveal, in summary fashion, the general nature of
the action and judgment. After the disposal of the documents,
records, recordings, and notes, the register of actions or a
certified reproduction of the register of actions pursuant to the
records media act is the official record of the action and
judgment. The validity and enforceability of a judgment are not
affected by the destruction of the piece of paper upon which the
judgment is entered, but the register of actions itself, or a
certified reproduction of the register of actions pursuant to the
records media
reproduction act,
1992 PA 116, MCL 24.401 to
24.406, is a complete replacement of the judgment and the records
of the action. This section applies to judgments of municipal and
common pleas courts abolished after January 1, 1969, if the
judgment was entered or the action disposed of after January 1,
1969. This section applies to actions entered in the small claims
division of the district court, except that a register of actions
need not be preserved or maintained after destruction of the file.
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
county.
Sec.
8611. All proceedings in the district court which that
are to be recorded under section 8331 shall be recorded by the
district
court recorder by the use of recording devices approved
by
the state court administrator, or taken by the district court
reporter.
Sec. 8808. (1) When a person who is not a resident of this
state is issued a citation for a civil infraction under section
8807, the person may 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.
(2) The officer receiving a deposit of money under subsection
(1) shall give a receipt to the person for the money deposited
together with the written citation required under subsection (1).
(3) At or before the completion of his or her tour of duty, a
law enforcement officer taking a deposit of money shall deliver the
deposit of money and the citation either to the court named in the
citation or to the agency chief or person authorized by the agency
chief to receive deposits. The agency chief or person authorized
shall deposit the money and the citation with the court in the same
manner as prescribed for citations in section 8805. A failure to
deliver the money deposited is embezzlement of public money.
(4) If the person who posts a deposit fails 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 shall enter a default judgment against the person, and
the money deposited shall be forfeited and applied to any civil
fine or costs ordered under section 8827.
Enacting section 1. Section 8507 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.8507, as amended by this
amendatory act, applies to bonds filed or renewed by district court
magistrates after December 31, 2005.
Enacting section 2. Sections 557, 557a, 557b, 8555, and 9947
of the revised judicature act of 1961, 1961 PA 236, MCL 600.557,
600.557a, 600.557b, 600.8555, and 600.9947, are repealed.