HB-5103, As Passed Senate, February 8, 2012

SENATE 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), as

amended by 2011 PA 300.

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. Beginning

April 1, 2012, the twenty-fifth district consists of the cities of

Ecorse, Lincoln Park, and River Rouge, is a district of the third

class, and has 3 judges. The additional judgeship in the twenty-

fifth district shall be filled by the incumbent judge of the

twenty-sixth district, who shall become a judge of the twenty-fifth

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

or appointed. Sections 8175 and 8176 do not apply to the April 1,

2012 reformation consolidation of the twenty-fifth district. and

twenty-sixth districts. Beginning April 2, 2012, the twenty-fifth

district has 2 judges.

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

Rouge and Ecorse, is a district of the third class, and has 1

judge. Beginning on April 1, 2012, the twenty-sixth district is

abolished and the judge of the twenty-sixth district shall become a

judge of the twenty-fifth district for the balance of the term to

which he or she was elected or appointed.

     (12) The twenty-seventh district consists of the cities of

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

1 judge.

     (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 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

House Bill No. 5103 as amended February 8, 2012

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.

     (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 3 judges.

     Sec. 8123. (1) <<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. <<                          

House Bill No. 5103 as amended February 8, 2012

>>

     (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. Beginning January 2,

2013, the forty-fourth district <<has 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 the forty-fourth district.

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

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

or reelection to that office.>>

     (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

<<(11)>>, beginning July 1, 2012, 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 forty-fifth-a

district is abolished and 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. Sections 8175

and 8176 do not apply to the consolidation of the forty-fifth-a and

forty-fifth-b districts. 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. Beginning July 2, 2012, 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. 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.

     (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

House Bill No. 5103 as amended February 8, 2012

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.

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

Clarkston and the townships of Springfield, Independence, Holly,

Groveland, Brandon, Rose, and White Lake and has 2 judges.

     (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) Except as otherwise provided in this subdivision, the

fourth division consists of the cities of Troy and Clawson and has

3 judges. Beginning 12 noon, January 1, 2013, the fourth division

has 2 judges.

<<                                                           

House Bill No. 5103 as amended February 8, 2012

(11)>> 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.