HOUSE BILL No. 5293

 

October 11, 2007, Introduced by Reps. Byrnes, Stakoe, Polidori, Miller, Meadows, Mayes, Pearce, Spade, Nitz, Booher, Steil, Nofs, Meekhof, Gaffney and David Law and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2978.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2978. (1) The judges of each circuit shall determine and

 

publish a fair and equitable process for the creation and

 

maintenance of the list of eligible referees in the county for

 

purposes of section 2977.

 

     (2) To be eligible to serve as a referee for purposes of

 

section 2977, unless the parties stipulate to a person to serve as

 

referee in a case, an individual must meet the following minimum

 

qualifications:

 

     (a) He or she shall have completed a training program approved

 

by the state court administrator providing the generally accepted


 

components of trial skills.

 

     (b) He or she shall be admitted to the practice of law in this

 

state, and be a member of the state bar of Michigan in good

 

standing, and shall have actively practiced in the area of planning

 

and zoning law for a minimum of 10 years, with at least 25% of his

 

or her practice devoted to planning and zoning law.

 

     (3) The parties to a particular case may specify other

 

qualifications in addition to those specified in subsection (2) for

 

an appointed referee by written stipulation, and those additional

 

qualifications shall be honored to the extent an individual with

 

those additional qualifications is available.

 

     (4) The state court administrator shall develop and approve

 

standards of conduct for referees designed to promote honesty,

 

integrity, and impartiality in providing court-related dispute

 

resolution services. These standards shall be made a part of all

 

training and educational requirements for court-related programs,

 

shall be provided to all referees involved in court-related

 

programs, and shall be available to the public.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5292(request no.

 

00307'07 **) of the 94th Legislature is enacted into law.