HB-5124, As Passed Senate, September 12, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5124

(As amended May 30, 2012)

(As amended September 12, 2012)

     [<<A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 401, 406, 407, 408, 410, 601, 841, and 8304

(MCL 600.401, 600.406, 600.407, 600.408, 600.410, 600.601, 600.841,

and 600.8304), sections 401, 406, 407, 408, and 8304 as added by

2002 PA 678 and sections 410, 601, and 841 as amended by 2005 PA

326, and by adding section 412 and 413; and to repeal acts and parts of

acts.>>]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 401. (1) Within a county or each judicial circuit,

subject to approval by the state supreme court and subject to the

limitations contained in sections 410, 601, 841, and 8304, a plan

of concurrent jurisdiction may be adopted by shall be adopted by a

majority vote of all of the judges of the trial courts in the plan

unless a majority vote of each of the following groups of all of

House Bill No. 5124 as amended September 11, 2012

the judges for of the participating trial courts in that county or

judicial circuit :

     (a) The circuit judges, the probate judges, and the district

judges.

     (b) The circuit judges and the probate judges.

     (c) The circuit judges and the district judges.

     (d) The probate judges and the district judges.vote not to

have a plan of concurrent jurisdiction. If a majority of all of the

judges of the trial courts in a judicial circuit vote not to have a

plan of concurrent jurisdiction, the chief judge of the circuit

court of that judicial circuit shall report the results of <<that>>

vote

to the state court administrator.

     (2) A plan of concurrent jurisdiction under this section may

provide for 1 or more of the following:

     (a) The circuit court and 1 or more circuit judges may

exercise the power and jurisdiction of the probate court.

     (b) The circuit court and 1 or more circuit judges may

exercise the power and jurisdiction of the district court.

     (c) The probate court and 1 or more probate judges may

exercise the power and jurisdiction of the circuit court.

     (d) The probate court and 1 or more probate judges may

exercise the power and jurisdiction of the district court.

     (e) The district court and 1 or more district judges may

exercise the power and jurisdiction of the circuit court.

     (f) The district court and 1 or more district judges may

exercise the power and jurisdiction of the probate court.

     (g) If there are multiple district court districts within the

judicial circuit, 1 or more district judges may exercise the power

and jurisdiction of judge of another district court district within

the judicial circuit.

     (3) A plan of concurrent jurisdiction under this section shall

provide for the transfer or assignment of cases between the trial

courts affected by the plan and to individual judges of those

courts as necessary to implement the plan and to fairly distribute

the workload among those judges.

     (4) A plan of concurrent jurisdiction under this section may

include agreements as to other matters involving the operation of

the trial courts participating in the plan, as approved by the

supreme court.

(5) (4) A plan of concurrent jurisdiction shall become becomes

effective on the first day of the month at least 90 days after upon

the approval of the plan by the supreme court.

(6) (5) This section does not apply to the counties of

Genesee, Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne, which

have district court districts of the third class.

     Sec. 406. (1) Within the counties of Genesee, Ingham, Kent,

Macomb, Oakland, Washtenaw, and Wayne, the circuit judges and the a

majority of all of the circuit and probate judges, subject to

approval by the state supreme court and subject to the limitations

contained in sections 410, 601, 841, and 8304, by shall adopt 1 or

more plans of concurrent jurisdiction under this section unless a

plan of concurrent jurisdiction has been adopted under section 407

or 408, or unless a majority vote of each group of judges, may

adopt 1 or more plans of concurrent jurisdiction for the circuit

House Bill No. 5124 (H-4) as amended May 30, 2012

court and probate court all of the circuit and probate judges in

that county vote not to have a plan of concurrent jurisdiction. If

a majority of all of the circuit and probate judges in that county

vote not to have a plan of concurrent jurisdiction, the chief judge

of the circuit court shall report the results of that vote to the

state court administrator.

     (2) A plan of concurrent jurisdiction under this section may

provide for 1 or more of the following:

     (a) The circuit court and 1 or more circuit judges may

exercise the power and jurisdiction of the probate court.

     (b) The probate court and 1 or more probate judges may

exercise the power and jurisdiction of the circuit court.

     (3) A plan of concurrent jurisdiction [UNDER THIS SECTION] shall

 provide for the

transfer or assignment of cases between the trial courts affected

by the plan and to individual judges of those courts as necessary

to implement the plan and to fairly distribute the workload among

those judges.

     (4) A plan of concurrent jurisdiction under this section may

include agreements as to other matters involving the operation of

the trial courts participating in the plan, as approved by the

supreme court.

(5) (4) A plan of concurrent jurisdiction shall become becomes

effective on the first day of the month at least 90 days after upon

the approval of the plan by the supreme court.

     Sec. 407. (1) Within the counties of Genesee, Ingham, Kent,

Macomb, Oakland, and Washtenaw, the circuit judges, the probate

judges, and a majority of all of the district judges in the county-

House Bill No. 5124 as amended September 11, 2012

funded district court district and the circuit judges and probate

judges <<OF THE COURTS IN THE PLAN>>, subject to approval by the

state supreme

court and subject to the limitations contained in sections 410,

601, 841, and 8304, by shall adopt 1 or more plans of concurrent

jurisdiction under this section unless a plan of concurrent

jurisdiction has been adopted under section 406 or 408, or unless a

majority vote of each group of judges, may adopt 1 or more plans of

concurrent jurisdiction for the participating trial courts in that

county.of all of the district judges in the county-funded district

court district and the circuit judges and probate judges in that

county vote not to have a plan of concurrent jurisdiction. If a

majority of all of the district judges in the county-funded

district court district and the circuit judges and probate judges

in that county vote not to have a plan of concurrent jurisdiction,

the chief judge of the circuit court in that county shall report

the results of that vote to the state court administrator.

     (2) A plan of concurrent jurisdiction under this section may

provide for 1 or more of the following:

     (a) The circuit court and 1 or more circuit judges may

exercise the power and jurisdiction of the probate court.

     (b) The circuit court and 1 or more circuit judges may

exercise the power and jurisdiction of the district court within

the county-funded district court district.

     (c) The probate court and 1 or more probate judges may

exercise the power and jurisdiction of the circuit court.

     (d) The probate court and 1 or more probate judges may

exercise the power and jurisdiction of the district court within

the county-funded district court district.

     (e) The district court and 1 or more district judges in the

county-funded district court district within the county may

exercise the power and jurisdiction of the circuit court.

     (f) The district court and 1 or more district judges in the

county-funded district court district within the county may

exercise the power and jurisdiction of the probate court.

     (3) A plan of concurrent jurisdiction under this section shall

provide for the transfer or assignment of cases between the trial

courts affected by the plan and to individual judges of those

courts as necessary to implement the plan and to fairly distribute

the workload among those judges.

     (4) A plan of concurrent jurisdiction under this section may

include agreements as to other matters involving the operation of

the trial courts participating in the plan, as approved by the

supreme court.

(5) (4) A plan of concurrent jurisdiction shall become becomes

effective on the first day of the month at least 90 days after upon

the approval of the plan by the supreme court.

     Sec. 408. (1) Within the counties of Genesee, Ingham, Kent,

Macomb, Oakland, Washtenaw, and Wayne, the circuit judges, the

probate judges, and the district judges in 1 or more district court

districts within the county, subject to approval by the state

supreme court and subject to the limitations contained in sections

410, 601, 841, and 8304, by a majority vote of each group of all of

the judges of the trial courts in the plan, may adopt 1 or more

plans of concurrent jurisdiction for the participating trial courts

in that county.

     (2) A plan of concurrent jurisdiction under this section may

provide for 1 or more of the following:

     (a) The circuit court and 1 or more circuit judges may

exercise the power and jurisdiction of the probate court.

     (b) The circuit court and 1 or more circuit judges may

exercise the power and jurisdiction of the district court within

the participating district court districts within the county.

     (c) The probate court and 1 or more probate judges may

exercise the power and jurisdiction of the circuit court.

     (d) The probate court and 1 or more probate judges may

exercise the power and jurisdiction of the district court within

the participating district court districts within the county.

     (e) The district court and 1 or more district judges in the

participating district court districts within the county may

exercise the power and jurisdiction of the circuit court.

     (f) The district court and 1 or more district judges in the

participating district court districts within the county may

exercise the power and jurisdiction of the probate court.

     (g) If there are multiple district court districts within the

county, 1 or more district judges may exercise the power and

jurisdiction of the judge of another district court district within

the county.

     (3) A plan of concurrent jurisdiction under this section shall

provide for the transfer or assignment of cases between the trial

courts affected by the plan and to individual judges of those

courts as necessary to implement the plan and to fairly distribute

House Bill No. 5124 (H-4) as amended May 30, 2012

the workload among those judges.

     (4) A plan of concurrent jurisdiction under this section may

include agreements as to other matters involving the operation of

the trial courts participating in the plan, as approved by the

supreme court.

(5) (4) A plan of concurrent jurisdiction involving district

court districts of the third class may include an agreement as to

the allocation of court revenue, other than revenue payable by

statute to libraries or state funds, and court expenses. This

agreement is subject to approval as follows:

     (a) Except as provided in subdivision (b), by the county board

of commissioners and by each local funding unit of each

participating district. of the third class.

     (b) If the plan of concurrent jurisdiction only involves

district court districts of the third class, by each local funding

unit of each participating district of the third class.

(6) (5) A plan of concurrent jurisdiction shall become becomes

effective on the first day of the month at least 90 days after upon

the approval of the plan by the supreme court.

     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) Except as provided in section 411, a power of appointment

House Bill No. 5124 (H-4) as amended May 30, 2012

                          as amended September 11, 2012       (1 of 2)

to a public office delegated by constitution or statute to the

district court or a district judge.

     [(C) A power of appointment to a public office delegated by law to the district court or <<a district judge, unless that power of

appointment is delegated to a court or judge other than the circuit

court or a circuit judge.>>

     Sec. 412. A concurrent jurisdiction plan that was adopted, approved by the supreme court, and in effect on December 31, 2012, is considered valid and in compliance with the requirements of this chapter.

     <<Sec. 413. (1) Concurrent jurisdiction plans shall be designed

to benefit the citizens utilizing the courts involved rather than the

courts themselves or any judge or judges.

     (2) A judge voting not to have a plan of concurrent jurisdiction

under this chapter may file an objection with the state court

administrator. An objection must specifically state the reasons for

the objection and may include, but not be limited to, objections based

on insufficient allocation of staff or resources, inadequate training

for any judge or staff, excessive assignments outside of a judge’s

election district, or retaliation for any action, including failing to

vote for a concurrent jurisdiction plan.

     (3) Subject to approval of the supreme court, before the supreme

court approves a concurrent jurisdiction plan under this chapter, the

state court administrator shall review objections under this section

and report the substance of the objections and the administrator's

findings about the objections' validity to the supreme court. Subject

to approval of the supreme court, the state court administrator shall

forward a proposed concurrent jurisdiction plan to the supreme court

for review after affirmatively finding that the proposed concurrent

jurisdiction plan is in compliance with this chapter and the best

interests of the people of the communities being served.>>]

     Sec. 601. (1) The circuit court has the power and jurisdiction

that is any of the following:

(a) Possessed by courts of record at the common law, as

altered by the state constitution of 1963, the laws of this state,

and the rules of the supreme court.

     (b) Possessed by courts and judges in chancery in England on

March 1, 1847, as altered by the state constitution of 1963, the

laws of this state, and the rules of the supreme court.

     (c) Prescribed by the rules of the supreme court.

     (2) The circuit court has exclusive jurisdiction over

condemnation cases commenced under the drain code of 1956, 1956 PA

40, MCL 280.1 to 280.630.

     (3) In a judicial circuit in which the circuit court is

affected by a plan of concurrent jurisdiction adopted under chapter

4, the circuit court has concurrent jurisdiction with the probate

court or the district court, or both, as provided in the plan of

concurrent jurisdiction. , except as to the following matters:

     (a) The probate court has exclusive jurisdiction over trust

and estate matters.

     (b) Except as provided in section 411, the district court has

exclusive jurisdiction over small claims and civil infraction

actions.

     (4) The family division of circuit court has jurisdiction as

provided in chapter 10.

     Sec. 841. (1) The probate court has jurisdiction and power as

follows:

     (a) As conferred upon it under the estates and protected

individuals code, 1998 PA 386, MCL 700.1101 to 700.8102.700.8206.

     (b) As conferred upon it under the mental health code, 1974 PA

258, MCL 330.1001 to 330.2106.

     (c) As conferred upon it under this act.

     (d) As conferred upon it under another law or compact.

     (2) In a judicial circuit in which the probate court is

affected by a plan of concurrent jurisdiction adopted under chapter

4, the probate court has concurrent jurisdiction with the circuit

court or the district court, or both, as provided in the plan of

concurrent jurisdiction, except as to the following matters:

     (a) The circuit court has exclusive jurisdiction over appeals

from the district court and from administrative agencies as

authorized by law.

     (b) The circuit court has exclusive jurisdiction and power to

issue, hear, and determine prerogative and remedial writs

consistent with section 13 of article VI of the state constitution

of 1963.

     (c) The circuit court has exclusive jurisdiction to hear and

decide matters within the jurisdiction of the court of claims under

chapter 64.

     (d) Except as provided in section 411, the district court has

exclusive jurisdiction over small claims and civil infraction

actions.

     Sec. 8304. In a district court district in which the district

court is affected by a plan of concurrent jurisdiction adopted

under chapter 4, the district court has concurrent jurisdiction

with the circuit court or the probate court, or both, as provided

in the plan of concurrent jurisdiction, except as to the following

matters:

     (a) The circuit court shall have has exclusive jurisdiction

over appeals from the district court and from administrative

agencies as authorized by statute.

     (b) The circuit court shall have has exclusive jurisdiction

and power to issue, hear, and determine prerogative and remedial

writs consistent with section 13 of article VI of the state

constitution of 1963.

     (c) The circuit court shall have has exclusive jurisdiction to

hear and decide matters within the jurisdiction of the court of

claims under chapter 64.

     (d) The probate court shall have exclusive jurisdiction over

trusts and estates.

     Enacting section 1. Section 411 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.411, is repealed.

     Enacting section 2. This amendatory act takes effect January

1, 2013.