September 6, 2018, Introduced by Rep. Singh and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8125 (MCL 600.8125), as amended by 2012 PA 16.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8125. (1) The Except as
provided in subsection (4), the
fifty-fourth-a district consists of the city of Lansing, is a
district
of the third class, and has the following number of
judges:
(a)
Until the date determined under subdivision (b) takes
effect,
this district has 5 judges.
(b)
Beginning on the earlier of the following dates, the
fifty-fourth-a
district has 4 judges. :
(i) The date on which a vacancy occurs in the office
of
district
judge in the fifty-fourth-a district.
(ii) The beginning date of the term for which an
incumbent
district
judge in the fifty-fourth-a district no longer seeks
election
or reelection to that office.
(2)
The Except as provided in
subsection (4), the fifty-
fourth-b district consists of the city of East Lansing, is a
district of the third class, and has 2 judges.
(3)
The Except as provided in
subsection (4), the fifty-fifth
district consists of the county of Ingham except the cities of
Lansing and East Lansing, is a district of the second class, and
has 2 judges.
(4) If the governing body of the county of Ingham and the
cities of Lansing and East Lansing approve by resolutions the
consolidation of the fifty-fourth-a, fifty-fourth-b, and fifty-
fifth districts prior to November 1, 2019, all of the following
apply beginning March 1, 2020:
(a) The fifty-fourth-a, fifty-fourth-b, and fifty-fifth
districts are abolished and the fifty-fourth district is created.
The fifty-fourth district is a district of the first class and has
the following number of judges:
(i) Until the date determined under subparagraph (ii) takes
effect, this district has 8 judges.
(ii) Beginning on the earlier of the following dates, the
fifty-fourth district has 7 judges:
(A) The date on which a vacancy occurs in the office of the
district judge in the fifty-fourth district.
(B) The beginning date of the term for which an incumbent
district judge no longer seeks election or reelection to that
office.
(b) All full-time employees of the former fifty-fourth-a,
fifty-fourth-b, and fifty-fifth districts must be transferred to
the fifty-fourth district created under this subsection. Except as
provided in any agreement of consolidation by the district control
units of the former fifty-fourth-a, fifty-fourth-b, and fifty-fifth
districts, salary, seniority rights, annual leave, sick leave, and
retirement benefits of transferred employees must be preserved and
continued in their positions in the fifty-fourth district created
under this subsection in a manner not inferior to their prior
status.
(c) By proposing or authorizing the consolidation of the
fifty-fourth-a, fifty-fourth-b, and fifty-fifth 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 provided 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 takes effect on or
after December 23, 1978.
(5) Subject to subsection (4)(a) if the consolidated district
is created under subsection (4), all of the following apply until 8
years after the effective date of the amendatory act that added
this subsection:
(a) The fifty-fourth district is divided into the following
election divisions:
(i) The first division consists of the city of Lansing and the
township of Lansing and has 4 judges.
(ii) The second division consists of the city of East Lansing
and has 2 judges.
(iii) The third division consists of the county of Ingham,
except the cities of Lansing and East Lansing and the township of
Lansing, and has 2 judges.
(b) Each incumbent district judge from the former fifty-
fourth-a, fifty-fourth-b, and fifty-fifth districts shall serve as
a district judge in the consolidated district. Each judge from the
former fifty-fourth-a, fifty-fourth-b, and fifty-fifth districts is
considered an incumbent in the election division created under
subdivision (a) in which he or she resides.
(6) Upon the expiration of 8 years after the effective date of
the amendatory act that added this subsection, the election
divisions created under subsection (5) are abolished and the judges
of the fifty-fourth district must be elected at large.
(7) If the consolidated district is created under subsection
(4), a jury trial in the fifty-fourth district conducted in
connection with a criminal offense or any other event that occurred
in the city of Lansing or the township of Lansing must be before a
jury of citizens from those 2 jurisdictions.
(8) If the consolidated district is created under subsection
(4), a jury trial in the fifty-fourth district conducted in
connection with a criminal offense or any other event that occurred
in the city of East Lansing must be before a jury of citizens of
that jurisdiction.
(9) If the consolidated district is created under subsection
(4), a jury trial in the fifty-fourth district conducted in
connection with a criminal offense or any other event that occurred
in the county of Ingham, except for the cities of Lansing and East
Lansing or the township of Lansing, must be before a jury of
citizens from the applicable jurisdictions.