SENATE BILL NO. 824 December 2, 1997, Introduced by Senator HOFFMAN and referred to the Committee on Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 803 (MCL 600.803), as amended by 1980 PA 129. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 803. (1) Except as otherwise provided in this sec- 2 tion, each county which is not part of a probate court district 3 created pursuant to sections 808 to 810 or previously created 4 pursuant to law shall have at least 1 judge of probate.Subject5to section 805, the county of Ottawa may have 1 additional judge6of probate effective January 1, 1981.EFFECTIVE JANUARY 1, 1999, 7 THE COUNTY OF JACKSON SHALL HAVE 1 JUDGE OF PROBATE. 8 (2) Each probate court district created pursuant to law 9 shall have 1 judge of probate. 03900'97 DRM 2 1 (3) The counties of Berrien, Calhoun, Ingham,Jackson,2Kalamazoo,Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw 3 shall each have 2 judges of probate.Subject to section 805,4the counties of Ingham and Kalamazoo may each have 1 additional5judge of probate effective January 1, 1981.6 (4) The counties of Genesee,andMacomb, AND KALAMAZOO 7 shall each have 3 judges of probate. 8 (5) The county of Kent shall have 4 judges of probate. 9 (6) The county of Oakland shall have at least 4 judges of 10 probate. The county board of commissioners, by a majority vote 11 of the members of the board, may provide for an additional judge 12 of probate when the board considers it necessary. The county of 13 Oakland shall have not more than 5 judges of probate. The addi- 14 tional probate judge shall be elected at the next general elec- 15 tion which occurs not less than 175 days after authorization by 16 the county board of commissioners. To insure that the judges of 17 probate are elected in different general elections and that not 18 more than 2 of the judges' terms expire at the same time, the 19 first term of the fifth probate judge shall expire on January 1 20 of the next odd numbered year in which 2 existing regular terms 21 do not expire, except that the term shall be for not less than 6 22 years. 23 (7) The county of Wayne shall have at least 8 but not more 24 than 12 judges of probate. The county board of commissioners, by 25 a majority vote of the members of the board, may provide for 26 additional judges of probate when the county board of 27 commissioners considers it necessary. The additional probate 03900'97 3 1 judges shall be elected at the next general election which occurs 2 not less than 175 days after the authorization by the county 3 board of commissioners. To insure that the judges of probate are 4 elected in different elections and that not more than 3 of the 5 judges' terms expire at the same time, the first term of a ninth 6 probate judge shall expire on January 1 of the next odd numbered 7 year in which 3 existing regular terms do not expire, except that 8 the term shall be for not less than 6 years. The first term of a 9 tenth probate judge shall be for 6 years. The first term of an 10 eleventh or twelfth probate judge shall expire on January 1 of 11 the odd numbered year in which a total of 4 existing regular 12 terms or terms of simultaneously authorized judgeships do not 13 expire, except that the term shall be for not less than 6 years. 14 (8) When 1 or more new judges of probate are authorized in a 15 county pursuant to this section, the new judgeship or judgeships 16 shall appear on the ballot separate and apart from other judicial 17 offices of the same court in the primary and general election. 03900'97 Final page. DRM