April 29, 2009, Introduced by Reps. Lipton, Meadows, Coulouris, Tlaib, Lisa Brown, Durhal, Slavens and Constan and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 225 (MCL 600.225), as amended by 1996 PA 388.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 225. (1) The supreme court may assign an elected judge,
or a judge who was appointed to office and has served as a judge
for not less than 2 years, of any court to serve as a judge in any
other court in this state, except as provided in subsection (3).
The assignment of a judge under this subsection shall be for a
limited period or specific assignment.
(2) The authority granted by this section may be exercised by
the supreme court at its discretion through its direct order, or
through the court administrator. The court should particularly
consider those cases where the chief judge of a court has asked
that another judge be sent to that court and has properly shown any
of the following:
(a) That the business of that court has increased beyond the
capacity of the judge or judges to properly dispose of.
(b) That a vacancy exists in the office of the judge of the
court.
(c) That a judge is unable to discharge the duties of his or
her office.
(d) Any other sufficient reason.
(3) All assignments and reassignments of cases filed in any
court in a county shall be made among the judges of that county,
unless no trial court judge in that county is qualified and able to
undertake a particular case. A judge of 1 county shall not be
assigned to serve as a judge in another county unless no other
trial court judge in the county needing assistance is able to
render that assistance.
(4) Judges assigned pursuant to subsection (1) shall hold
court and fulfill the duties of the office just as they would had
they been elected in the respective court for the time they were
assigned to serve.
(5) The county or district funding unit responsible for the
maintenance and operation of the court shall provide suitable
places where judges shall hold court.
(6) A judge who is assigned as provided in this section shall
receive as salary for each day he or she serves in the court 1/250
of the amount by which the total annual salary of a judge of the
court to which he or she is assigned exceeds his or her total
annual salary. The salary provided in this subsection is payable by
the county or district control unit or units that have provided an
additional salary for the judicial office to which the judge is
assigned. In addition to that salary, a judge assigned as provided
in this section shall be entitled to receive actual and necessary
expenses for travel, meals, and lodging from the county or district
funding unit or units that are responsible for the maintenance and
operation of the trial court to which the judge is assigned. The
salary and expenses shall be payable at the same time and in the
same manner as provided for the judicial office to which the judge
is assigned. As used in this section, "court" means the various
circuits
of the circuit court, the recorder's court of the city of
Detroit, the
various counties and probate court districts of the
probate court, and the various districts of the district court.
(7) A municipal judge who is assigned as provided in this
section shall be compensated as provided in section 225a.