SB-1351, As Passed House, December 13, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1351

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 302, 303a, 8123, and 8132 (MCL 600.302,

600.303a, 600.8123, and 600.8132), section 302 as amended and

section 303a as added by 2012 PA 40, section 8123 as amended by

2012 PA 37, and section 8132 as amended by 2011 PA 300.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 302. (1) The state is divided into 4 judicial districts

for the election of judges of the court of appeals. Except as

otherwise provided in this section, each district is entitled to 7

judges. Beginning on the date as determined under section 303a,

each district is entitled to 6 judges. Except as otherwise provided

in subsection (2), the districts are constituted and numbered as

follows:

     (a) District 1 consists of the counties of Calhoun, Hillsdale,

Lenawee, Monroe, and Wayne.

     (b) District 2 consists of the counties of Genesee, Macomb,

Oakland, and Shiawassee.

     (c) District 3 consists of the counties of Allegan, Barry,

Berrien, Branch, Cass, Eaton, Ionia, Jackson, Kalamazoo, Kent,

Muskegon, Newaygo, Ottawa, St. Joseph, Van Buren, and Washtenaw.

     (d) District 4 consists of the counties of Alcona, Alger,

Alpena, Antrim, Arenac, Baraga, Bay, Benzie, Charlevoix, Cheboygan,

Chippewa, Clare, Clinton, Crawford, Delta, Dickinson, Emmet,

Gladwin, Gogebic, Grand Traverse, Gratiot, Houghton, Huron, Ingham,

Iosco, Iron, Isabella, Kalkaska, Keweenaw, Lake, Lapeer, Leelanau,

Livingston, Luce, Mackinac, Manistee, Marquette, Mason, Mecosta,

Menominee, Midland, Missaukee, Montcalm, Montmorency, Oceana,

Ogemaw, Ontonagon, Osceola, Oscoda, Otsego, Presque Isle,

Roscommon, Saginaw, Sanilac, Schoolcraft, St. Clair, Tuscola, and

Wexford.

     (2) Beginning on the effective date of the amendatory act that

added this subsection, the The districts are constituted and

numbered as follows:

     (a) District 1 consists of the counties of Branch, Hillsdale,

Kalamazoo, Lenawee, Monroe, St. Joseph, and Wayne.

     (b) District 2 consists of the counties of Genesee, Macomb,

and Oakland.

     (c) District 3 consists of the counties of Allegan, Barry,

Berrien, Calhoun, Cass, Eaton, Ionia, Jackson, Kent, Mason,

Montcalm, Muskegon, Newaygo, Oceana, Ottawa, Van Buren, and

Washtenaw.

     (d) District 4 consists of the counties of Alcona, Alger,

Alpena, Antrim, Arenac, Baraga, Bay, Benzie, Charlevoix, Cheboygan,

Chippewa, Clare, Clinton, Crawford, Delta, Dickinson, Emmet,

Gladwin, Gogebic, Grand Traverse, Gratiot, Houghton, Huron, Ingham,

Iosco, Iron, Isabella, Kalkaska, Keweenaw, Lake, Lapeer, Leelanau,

Livingston, Luce, Mackinac, Manistee, Marquette, Mecosta,

Menominee, Midland, Missaukee, Montmorency, Ogemaw, Ontonagon,

Osceola, Oscoda, Otsego, Presque Isle, Roscommon, Saginaw, Sanilac,

Schoolcraft, Shiawassee, St. Clair, Tuscola, and Wexford.

     Sec. 303a. To effectuate the transition to 6 judges in each

district, each district is entitled to 6 judges as follows:

     (a) If there are not more than 6 incumbent court of appeals

judges in a district on the effective date of the amendatory act

that added this section March 25, 2012, the number of judgeships in

that district shall remain at 6.

     (b) If there are more than 6 court of appeals judgeships in a

district on the effective date of the amendatory act that added

this section March 25, 2012 and 1 of those judgeships is vacant,

that judgeship is eliminated. If more than 1 of the judgeships in

that district is vacant, only the vacant judgeship with the

shortest remaining term is eliminated. If the elimination of a

judgeship results in 6 incumbent court of appeals judges in that

district, the number of judgeships in that district shall remain at

6.

     (c) Except as otherwise provided in this subdivision, if there

are more than 6 court of appeals judgeships in a district on the

effective date of the amendatory act that added this section March

25, 2012 and there are no judgeships to be eliminated under

subdivision (b), 1 judgeship shall be eliminated from the district

at the end beginning of the term for which an incumbent judge of

the court of appeals does not seek election or reelection to that

office until there are 6 incumbent judges in that district.

Thereafter, the number of judgeships in the district shall remain

at 6. However, a judgeship held by an incumbent judge who is

serving by appointment of the governor shall not be eliminated

under this subdivision unless the judge does not seek election at

the first general election held after the vacancy to which he or

she was appointed occurred, as provided in section 23 of article VI

of the state constitution of 1963, or does not seek reelection at

the end of a subsequent term.

     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.

     (2) 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, January 2, 2015, the forty-fourth district has 1 judge

beginning on the earlier of the following dates:consists of the

cities of Royal Oak and Berkley and has the following number of

judges:

     (a) Until the dates determined under subdivisions (b) and (c),

3 judges.

     (b) Beginning January 3, 2015, the forty-fourth 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 the forty-fourth district.

     (ii) 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.

     (c) Following the reduction in the number of judgeships from 3

to 2 under subdivision (b), the forty-fourth district has 1 judge

beginning on the earlier of the following dates:

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

district judge in the forty-fourth district.

(ii) (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) Except as otherwise provided in this subsection, the

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

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

subsection (11), beginning The person serving as judge of the

forty-fifth-a district on June 30, 2012, or his or her successor,

shall serve as judge of the forty-fifth-a district until that

district is abolished under this subsection. For purposes of the

November 2014 general election only, the term of the person elected

district judge in the forty-fifth-a district is 8 years. 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 2

judges. Beginning July 1, 2012 January 2, 2015, the forty-fifth-a

district is abolished and the judge of the forty-fifth-a district

shall become a judge of the forty-fifth forty-fourth 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

reorganization of the forty-fourth, forty-fifth, forty-fifth-a, and

forty-fifth-b districts. Any physical reorganization required to

accomplish the reorganization of district boundaries under this

subsection and subsection (2) shall be completed no later than

January 1, 2021. For purposes of the November 2020 2014 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) 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.

     (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.

     (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.

     (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.

     Sec. 8132. (1) Until 12 noon, January 1, 2015, the sixty-

fifth-a district consists of the county of Clinton, is a district

of the first class, and has 1 judge. Beginning 12 noon, January 1,

2015, the sixty-fifth-a district consists of the county of Clinton

and is a district of the first class. Under section 810a, the

probate judge for the county of Clinton shall serve as a the judge

of the sixty-fifth-a district.

     (2) The sixty-fifth-b district consists of the county of

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