HOUSE BILL No. 5124

October 31, 2013, Introduced by Reps. Leonard, Cotter and Walsh and referred to the Committee on Judiciary.

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 502, 504, 516, and 8121 (MCL 600.502, 600.504,

600.516, and 600.8121), section 504 as amended by 2011 PA 300 and

section 8121 as amended by 2012 PA 37.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 502. (1) The Except as provided in subsection (2), the

first judicial circuit consists of the county of Hillsdale and has

1 judge.

     (2) Beginning January 1, 2016, the first judicial circuit

consists of the counties of Hillsdale and Branch and has 2 judges.

The additional judgeship in this circuit shall be filled by the

incumbent judge of the fifteenth judicial circuit, who shall become

a judge of the first judicial circuit for the balance of the term

to which he or she was elected or appointed. Beginning January 2,

2016, the first judicial circuit has 1 circuit judge beginning on

the earlier of the following dates:

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

circuit judge in the first judicial circuit, unless the vacancy

occurs after a judge's successor in office has been elected but

before that successor takes office.

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

circuit judge in the first judicial circuit no longer seeks

election or reelection to that office.

     (3) If 2 circuit judges are to be elected at the November 2020

general election in the first judicial circuit, for that election

only the term of the candidate for circuit judge who receives the

greatest number of votes is 8 years and the term of the candidate

for circuit judge who receives the second greatest number of votes

is 6 years.

Sec. 504. The third judicial circuit consists of the county of

Wayne and has the following number of judges:

     (a) Until 12 noon, January 1, 2013, 61 2015, 60 judges.

     (b) Beginning 12 noon, January 1, 2013, 60 2015, 56 judges.

     Sec. 516. (1) The Except as provided in subsection (2), the

fifteenth judicial circuit consists of the county of Branch and has

1 judge.

     (2) Beginning January 1, 2016, all of the following apply:

     (a) The fifteenth judicial circuit is abolished and the

incumbent judge of the fifteenth judicial circuit shall become a

judge of the first judicial circuit for the balance of the term to

which he or she was elected or appointed.

     (b) All files, records, and pending cases of the fifteenth

judicial circuit court shall be transferred to the first judicial

circuit court, and the first judicial circuit court shall exercise

all powers in regard to those files, records, and cases as

prescribed by the supreme court. The first judicial circuit court

shall have jurisdiction to hear and determine all cases transferred

under this subdivision and shall exercise all authority with regard

to those cases as though the cases had been commenced in that

court.

     (c) All orders and judgments of the fifteenth judicial circuit

court shall be appealable in like manner and to the same courts as

applicable before January 1, 2016.

     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 Except as otherwise provided in this subsection, the

eighteenth district consists of the city of Westland, is a district

of the third class, and has 2 judges. If the governing bodies of

the city of Westland and the city of Wayne approve by resolutions

the consolidation of the eighteenth and twenty-ninth districts

before January 1, 2016, all of the following apply effective

January 1, 2016:

     (a) The twenty-ninth district is abolished and the eighteenth

district consists of the city of Westland and the city of Wayne, is

a district of the third class, and has 3 judges. The additional

judgeship in the eighteenth district shall be filled by the

incumbent judge of the twenty-ninth district, who shall become a

judge of the eighteenth district for the balance of the term to

which he or she was elected or appointed. For purposes of the

November 2018 general election only, the term of the candidate for

district judge in the eighteenth district who receives the greatest

number of votes is 10 years and the term of the candidate for

district judge in the eighteenth district who receives the second-

greatest number of votes is 6 years.

     (b) The clerk of the city of Westland and the clerk of the

city of Wayne shall file copies of the resolutions with the state

court administrator, who, as authorized by the supreme court, shall

notify the elections division of the department of state that the

consolidation has been approved under this section.

     (c) By proposing or authorizing the consolidation of the

eighteenth and twenty-ninth districts, the legislature is not

creating a new obligation for any affected district control unit.

If a district control unit, acting through its governing body,

approves the consolidation, then the approval constitutes an

exercise of the district control unit's option to increase the

level of activity and service offered in that district control unit

beyond that required by existing law, as the elements of that

option are defined by 1979 PA 101, MCL 21.231 to 21.244, and a

voluntary acceptance by that district control unit of all expenses

and capital improvements that may result from the consolidation of

the districts. However, the exercise of the option does not affect

the state's obligation to pay the same portion of each judge's

salary that is paid by the state to other district judges as

provided by law, or to appropriate and disburse funds to the

district control unit for the necessary costs of state requirements

established by a state law that becomes effective on or after

December 23, 1978.

     (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

consolidation of the twenty-fifth 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 Except as provided in subsection (3), 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

district judge in this district unless the vacancy occurs after the

judge's successor in office has been elected but before that

successor takes office.

     (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.