October 26, 2011, Introduced by Reps. Cotter and Heise and referred to the Committee on Judiciary.
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 to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 401. (1) Within a county or 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 shall be adopted by a majority vote of each of the
following
groups of all of the judges for of the participating
trial
courts in the plan 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.
(2)
A The plan of concurrent jurisdiction may shall 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 The plan of concurrent jurisdiction 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) If the plan of concurrent jurisdiction required under this
section is not adopted, the supreme court shall develop and
implement the plan for that county or judicial circuit.
(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
probate judges, 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 circuit and
probate
judges, may shall adopt
1 or more plans of concurrent
jurisdiction under this section or section 407 for the circuit
court and probate court in that county.
(2)
A The plan of concurrent jurisdiction under this section
may
shall 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 The plan of concurrent jurisdiction 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) If the plan of concurrent jurisdiction required under this
section or section 407 is not adopted, the supreme court shall
develop and implement the plan for that county.
(5) (4)
A The 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 the district judges in the county-funded district court
district, 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 shall adopt
1 or more plans of
concurrent jurisdiction under this section or section 406 for the
participating
trial courts in the plan in that county.
(2)
A The plan of concurrent jurisdiction under this section
may
shall 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.
(g) If there are multiple county-funded district court
districts within the county, 1 or more district judges may exercise
the power and jurisdiction of judge of another county-funded
district court district within the county.
(3) A plan of concurrent jurisdiction 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) If the plan of concurrent jurisdiction required under this
section or section 406 is not adopted, the supreme court shall
develop and implement the plan for that county.
(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 of the third class 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 the plan 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 in the plan 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 in the plan within the
county.
(e) The district court and 1 or more district judges in the
participating
district court districts in the plan 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 in the plan 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 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 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 by the county board of commissioners and by
each local funding unit of each participating district of the third
class.
(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 either 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
to
a public office delegated by constitution or statute to the
district
court or a district judge.
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.