HB-5101, As Passed Senate, February 7, 2012

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5101

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 524, 8146, 8147, and 8148 (MCL 600.524,

 

600.8146, 600.8147, and 600.8148), as amended by 2002 PA 92.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 524. (1) The Except as provided in subsection (2), the

 

twenty-third judicial circuit consists of the counties of Iosco and

 

Oscoda and has 1 judge. Beginning April 1, 2003, the twenty-third

 

judicial circuit consists of the counties of Alcona, Arenac, Iosco,

 

and Oscoda and has 2 judges. The additional judgeship in this

 

circuit shall be filled by the incumbent circuit judge of the

 

thirty-fourth circuit residing in Arenac county with a term ending

 

January 1, 2009, who shall serve as a judge of the twenty-third

 

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

 

or appointed. For purposes of the November 2008 general election


 

only, the term of the candidate for circuit judge in this circuit

 

who receives the highest number of votes shall be is 8 years, and

 

the term of the candidate receiving the second highest number of

 

votes shall be is 6 years.

 

     (2) Beginning on the earlier of the following dates, the

 

twenty-third judicial circuit has 1 judge:

 

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

 

circuit judge in the twenty-third judicial circuit.

 

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

 

circuit judge in the twenty-third judicial circuit no longer seeks

 

election or reelection to that office.

 

     Sec. 8146. (1) The Until the date determined under subsection

 

(2), the eighty-first district consists of the counties of Iosco

 

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

 

Beginning April 1, 2003, the eighty-first district consists of the

 

counties of Alcona, Arenac, Iosco, and Oscoda, is a district of the

 

first class, and has 1 judge.

 

     (2) Beginning on the date on which a vacancy occurs in the

 

office of district judge in the eighty-first district or the

 

beginning date of the term for which the incumbent district judge

 

in the eighty-first district no longer seeks election or reelection

 

to that office, whichever is earlier, all of the following apply:

 

     (a) The eighty-first district consists of the counties of

 

Alcona, Arenac, Iosco, and Oscoda and is a district of the first

 

class.

 

     (b) Under section 810a, the probate judge for the county of

 

Alcona shall serve as judge of the eighty-first district within the


 

county of Alcona.

 

     (c) Under section 810a, the probate judge for the county of

 

Arenac shall serve as judge of the eighty-first district within the

 

county of Arenac.

 

     (d) Under section 810a, the probate judge for the county of

 

Iosco shall serve as judge of the eighty-first district within the

 

county of Iosco.

 

     (e) Under section 810a, the probate judge for the county of

 

Oscoda shall serve as judge of the eighty-first district within the

 

county of Oscoda.

 

     Sec. 8147. (1) The eighty-second district consists of the

 

counties of Alcona, Oscoda, and Ogemaw, is a district of the first

 

class, and has 1 judge. Beginning April 1, 2003 Except as provided

 

in subsection (2), the eighty-second district consists of the

 

county of Ogemaw, is a district of the first class, and has 1

 

judge.

 

     (2) Beginning April 1, 2012, the eighty-second district

 

consists of the counties of Ogemaw and Roscommon, is a district of

 

the first class, and has 2 judges. The additional judgeship in the

 

eighty-second district shall be filled by the incumbent judge of

 

the eighty-third district, who shall become a judge of the eighty-

 

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

 

elected or appointed. The eighty-second 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


House Bill No. 5101 as amended February 7, 2012

 

 

district judge in this district no longer seeks election or

 

reelection to that office.

 

     (3) Sections 8175 and 8176 do not apply to the <<consolidation

 

of the eighty-second and eighty-third districts.>>

 

     Sec. 8148. (1) The eighty-third district consists of the

 

counties of Roscommon and Crawford, is a district of the first

 

class, and has 1 judge. Beginning April 1, 2003 Except as provided

 

in subsection (2), the eighty-third district consists of the county

 

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

 

     (2) Beginning April 1, 2012, the eighty-third district is

 

abolished and the incumbent judge of the eighty-third district

 

shall become a judge of the eighty-second district for the balance

 

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