HB-5103, As Passed House, December 8, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 5103

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 8121 and 8123 (MCL 600.8121 and 600.8123),

section 8121 as amended by 2001 PA 258 and section 8123 as amended

by 2000 PA 448.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 8121. (1) The sixteenth district consists of the city of

Livonia, is a district of the third class, and has 2 judges.

     (2) The seventeenth district consists of the township of

Redford in the county of Wayne, is a district of the third class,

and has 2 judges.

     (3) The eighteenth district consists of the city of Westland,

is a district of the third class, and has 2 judges.

     (4) The nineteenth district consists of the city of Dearborn,

is a district of the third class, and has 3 judges.

     (5) The twentieth district consists of the city of Dearborn

Heights, is a district of the third class, and has 2 judges.

     (6) The twenty-first district consists of the city of Garden

City, is a district of the third class, and has 1 judge.

     (7) The twenty-second district consists of the city of

Inkster, is a district of the third class, and has 1 judge.

     (8) The twenty-third district consists of the city of Taylor,

is a district of the third class, and has 2 judges.

     (9) The twenty-fourth district consists of the cities of Allen

Park and Melvindale, is a district of the third class, and has 2

judges.

(10) The twenty-fifth district consists of the city of Lincoln

Park, is a district of the third class, and has 2 judges. The

twenty-fifth district shall have 1 judge beginning on the earlier

of the following dates:

     (a) The date on which a vacancy occurs in the office of

district judge in this district.

     (b) The beginning date of the term for which an incumbent

district judge in this district no longer seeks election or

reelection to that office.

     (11) The twenty-sixth district consists of the cities of River

Rouge and Ecorse, is a district of the third class, and is divided

into the following election divisions:

     (a) The first division consists of the city of River Rouge and

has 1 judge.

     (b) The second division consists of the city of Ecorse and has

1 judge.

     (12) The twenty-seventh district consists of the following, as

applicable:

     (a) Until January 1, 2003 or until a vacancy occurs in a

judgeship in the twenty-seventh district, whichever occurs first,

the twenty-seventh district consists of the cities of Wyandotte and

Riverview, is a district of the third class, and is divided into

the following election divisions:

     (i) The first division consists of the city of Wyandotte and

has 1 judge.

     (ii) The second division consists of the city of Riverview and

has 1 judge.

     (b) Beginning January 1, 2003 or the date on which a vacancy

occurs in a judgeship in the twenty-seventh district, whichever

occurs first, the twenty-seventh district consists of the cities of

Wyandotte and Riverview, is a district of the third class, and has

1 judge. The remaining incumbent judge of the twenty-seventh

district shall serve as the judge of the entire twenty-seventh

district for the balance of the term to which he or she was elected

or appointed.

     (13) The twenty-eighth district consists of the city of

Southgate, is a district of the third class, and has 1 judge.

     (14) The twenty-ninth district consists of the city of Wayne,

is a district of the third class, and has 1 judge.

     (15) The thirtieth district consists of the city of Highland

Park, is a district of the third class, and has the following

number of judges:

     (a) Until subdivision (b) takes effect, this district has 2

judges.

     (b) This district has 1 judge beginning on the earlier of the

following dates:

     (i) The date on which a vacancy occurs in the office of

district judge in this district.

     (ii) 12 noon, January 1, 2003.1 judge.

     (16) The thirty-first district consists of the city of

Hamtramck, is a district of the third class, and has 1 judge.

     (17) The thirty-second-a district consists of the city of

Harper Woods, is a district of the third class, and has 1 judge.

     (18) The thirty-second-b district consists of the cities of

Grosse Pointe Woods, Grosse Pointe Park, Grosse Pointe, and Grosse

Pointe Farms, and the village of Grosse Pointe Shores, is a

district of the third class, and has 1 judge.

     (19) The thirty-third district consists of the cities of

Trenton, Gibraltar, Woodhaven, Rockwood, and Flat Rock and the

townships of Brownstown and Grosse Ile in the county of Wayne, is a

district of the third class, and has the following number of

judges:

     (a) Until the date determined under subdivision (b), 3 judges.

     (b) Beginning on the earlier of the following dates, 2 judges:

     (i) The date on which a vacancy occurs in the office of

district judge in this district.

     (ii) The beginning date of the term for which an incumbent

district judge in this district no longer seeks election or

House Bill No. 5103 (H-7) as amended December 8, 2011

reelection to that office.

     (20) The thirty-fourth district consists of the townships of

Sumpter, Van Buren, and Huron in the county of Wayne and the cities

of Romulus and Belleville, is a district of the third class, and

has 3 judges.

     (21) The thirty-fifth district consists of the cities of

Northville and Plymouth and the townships of Northville, Plymouth,

and Canton in the county of Wayne, is a district of the third

class, and has 2 3 judges. Subject to section 8175, this district

may have 1 additional judge effective January 1, 2003. If a new

office of judge is added to this district to be filled by election

in 2002, the term of office of the judge for that election only

shall be 8 years.

     Sec. 8123. (1) The Except as otherwise provided in this

subsection, the forty-third district consists of the cities of

Madison Heights, Ferndale, and Hazel Park, is a district of the

third class, and has 3 judges. Subject to subsection (11),

beginning January 2, [2013], the forty-third district consists of the

cities of Madison Heights, Ferndale, Hazel Park, and Royal Oak, is

a district of the third class, and has 5 judges. The additional

judgeships in this district shall be filled by the incumbent judges

of the forty-fourth district, who shall become judges of the forty-

third district for the balance of the terms to which they were

elected or appointed. Beginning January 2, [2013], the forty-third

district has 4 judges beginning on the earlier of the following

dates:

     (a) The date on which a vacancy occurs in the office of

House Bill No. 5103 (H-7) as amended December 8, 2011

district judge in the forty-third district.

     (b) The beginning date of the term for which an incumbent

district judge in the forty-third district no longer seeks election

or reelection to that office.

     (2) The Except as otherwise provided in this subsection, the

forty-fourth district consists of the city of Royal Oak, is a

district of the third class, and has 2 judges. Subject to

subsection (11), beginning January 2, [2013], the forty-fourth

district is abolished and the judges of the forty-fourth district

shall become judges of the forty-third district for the balance of

the terms to which they were elected or appointed.

     (3) The Except as otherwise provided in this subsection, the

forty-fifth-a district consists of the city of Berkley, is a

district of the third class, and has 1 judge. Subject to subsection

(12), beginning July 1, 2012, the forty-fifth-a district is

abolished and the forty-fifth district is created. The forty-fifth

district consists of the cities of Berkley, Huntington Woods, Oak

Park, and Pleasant Ridge and the township of Royal Oak in the

county of Oakland, is a district of the third class, and has 3

judges. Beginning July 1, 2012, the judge of the forty-fifth-a

district shall become a judge of the forty-fifth district for the

balance of the term to which he or she was elected or appointed.

For purposes of the November 2020 general election only, the term

of the candidate for district judge in the forty-fifth judicial

district who receives the highest number of votes is 8 years and

the term of the candidate for district judge in the forty-fifth

judicial district who receives the second highest number of votes

is 6 years. The forty-fifth district has 2 judges beginning on the

earlier of the following dates:

     (a) The date on which a vacancy occurs in the office of

district judge in the forty-fifth district.

     (b) The beginning date of the term for which an incumbent

district judge in the forty-fifth district no longer seeks election

or reelection to that office.

     (4) The Except as otherwise provided in this subsection, the

forty-fifth-b district consists of the cities of Huntington Woods,

Oak Park, and Pleasant Ridge and the township of Royal Oak in the

county of Oakland, is a district of the third class, and has 2

judges. Subject to subsection (12), beginning July 1, 2012, the

forty-fifth-b district is abolished and the judges of the forty-

fifth-b district shall become judges of the forty-fifth district

for the balance of the term to which they were elected or

appointed. For purposes of the November 2020 general election only,

the term of the candidate for district judge in the forty-fifth

judicial district who receives the highest number of votes shall be

8 years.

     (5) The forty-sixth district consists of the cities of

Southfield and Lathrup Village and the township of Southfield in

the county of Oakland, is a district of the third class, and has 3

judges.

     (6) The forty-seventh district consists of the cities of

Farmington and Farmington Hills, is a district of the third class,

and has 2 judges. Subject to section 8175, this district may have 1

additional judge subject to review and recommendation by the state

court administrator to the legislature and subsequent legislation,

if and when a district court judgeship is eliminated within the

state of Michigan.

     (7) The forty-eighth district consists of the cities of

Birmingham, Bloomfield Hills, Sylvan Lake, Keego Harbor, and

Orchard Lake Village and the townships of Bloomfield and West

Bloomfield in the county of Oakland, is a district of the third

class, and has the following number of judges:

     (a) Until the date determined under subdivision (b), the

forty-eighth district has 3 judges.

     (b) The forty-eighth district has 2 judges beginning on the

earlier of the following dates:

     (i) The date on which a vacancy occurs in the office of

district judge in this district.

     (ii) The beginning date of the term for which an incumbent

district judge in this district no longer seeks election or

reelection to that office.

     (8) The fiftieth district consists of the city of Pontiac, is

a district of the third class, and has the following number of

judges:

     (a) Until the date determined under subdivision (b), 4 judges.

     (b) The fiftieth district has 3 judges beginning on the

earlier of the following dates:

     (i) The date on which a vacancy occurs in the office of

district judge in this district.

     (ii) The beginning date of the term for which an incumbent

district judge in this district no longer seeks election or

reelection to that office.

     (9) The fifty-first district consists of the township of

Waterford in the county of Oakland, is a district of the third

class, and has 2 judges.

     (10) The fifty-second district consists of the county of

Oakland except the cities of Madison Heights, Ferndale, Hazel Park,

Royal Oak, Berkley, Huntington Woods, Oak Park, Pleasant Ridge,

Southfield, Lathrup Village, Farmington, Farmington Hills,

Northville, Sylvan Lake, Keego Harbor, Orchard Lake Village,

Birmingham, Bloomfield Hills, and Pontiac and the townships of

Royal Oak, Southfield, West Bloomfield, Bloomfield, and Waterford,

is a district of the second class, and is divided into the

following election divisions:

     (a) The first division consists of the cities of Novi, South

Lyon, Wixom, and Walled Lake and the townships of Milford,

Highland, Commerce, Lyon, and Novi and has 3 judges. Until January

1, 2003, the first division also includes the townships of Rose and

White Lake. The first division has 3 judges. Subject to section

8175, this division may have 1 additional judge effective January

1, 2003. If the Oakland county board of commissioners approves that

additional judgeship, the judgeship in the first division that is

filled by the district judge of the first division whose term

expires January 1, 2005 is transferred to the second division,

effective January 1, 2003.

     (b) The second division consists of the city of the village of

Clarkston and the townships of Springfield, Independence, Holly,

Groveland, and Brandon, . Beginning January 1, 2003, the second

House Bill No. 5103 (H-7) as amended December 7, 2011

division also includes the townships of Rose, and White Lake and

has 2 judges. The second division has 1 judge; however, effective

January 1, 2003, this division shall have 2 judges if a judgeship

is transferred to this division from the first division pursuant to

subdivision (a).

     (c) The third division consists of the cities of Rochester,

Auburn Hills, Rochester Hills, and Lake Angelus and the townships

of Oxford, Addison, Orion, and Oakland and has 3 judges.

     (d) The fourth division consists of the cities of Troy and

Clawson and has 3 judges.

     (11) If the district control units for the forty-third and

forty-fourth district court districts submit an alternative

judicial reorganization plan that is approved by the state court

administrative office by July 1, 2012, then the [reorganization]

provisions of subsections (1) and (2) do not apply.

     (12) If the district control units for the forty-fifth-a and

forty-fifth-b district court districts submit an alternative

judicial reorganization plan that is approved by the state court

administrative office by July 1, 2012, then the [reorganization]

provisions of subsections (3) and (4) do not apply.