SB-1056, As Passed House, December 2, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1056
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8251 (MCL 600.8251), as amended by 2003 PA 7.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8251. (1) In districts of the first class, the court
shall sit at each county seat. In districts of the first class
consisting of 1 county having a population of 130,000 or more, the
court shall also sit at each city having a population of 6,500 or
more, except the court is not required to sit at any city that is
contiguous to the county seat or is contiguous to a city having a
greater population. The court shall also sit at other places as the
judges of the district determine. The court shall sit not less than
once each week in each county of a multicounty district.
(2) In districts of the second class, except as provided in
subsection (3), the court shall sit at any county seat within the
district, and at each city and incorporated village within the
district having a population of 3,250 or more, except that if 2 or
more cities or incorporated villages are contiguous the court need
sit only in the city having the greater population. The court is
not required to sit in any political subdivision if the governing
body of that subdivision by resolution and the court agree that the
court shall not sit in the political subdivision. If the district
does not contain a county seat and does not contain any city or
incorporated village having a population of 3,250 or more, the
court shall sit at a place or places within the district as the
judges of the district determine. In addition to the place or
places where the court is required to sit, the court may upon
agreement of a majority of the judges of the district and upon
approval by resolution of the board of commissioners also sit at
the county seat of its district control unit situated outside the
district, but the court shall sit not less than once each week
within the district. If the district does not contain any city, the
foregoing provisions of this subsection do not apply to the
district, and the court shall sit at the county seat of its
district control unit situated outside the district. In addition to
the place or places where the court is required to sit pursuant to
the provisions of this subsection, the court may sit at a place or
places within the district as the judges of the district determine.
If the court sits at a county seat situated outside the district
pursuant to this subsection, it has the same powers, jurisdiction,
Senate Bill No. 1056 (S-1) as amended December 2, 2010
and venue as if sitting within the district.
(3) In districts of the second class [in a ] county
having a population between 575,000 and 700,000, the court shall
sit at any county seat within the district, and may sit at each
city and incorporated village within the district having a
population of 10,000 or more, except that if 2 or more cities or
incorporated villages are contiguous the court need sit only in the
city having the greater population. The court is not required to
sit in any political subdivision if the governing body of that
subdivision by resolution and the presiding judge of the court
agree that the court shall not sit in the political subdivision. If
the district does not contain a county seat and does not contain
any city or incorporated village having a population of 10,000 or
more, the court shall sit at a place or places within the district
as the presiding judge of the district determines. In addition to
the place or places where the court is required to sit, the court
may, upon the assent of the presiding judge and approval by
resolution of the board of commissioners, also sit at the county
seat of its district control unit situated outside the district,
but the court shall sit not less than once each week within the
district. If the district does not contain any city, the foregoing
provisions of this subsection do not apply to the district, and the
court shall sit at the county seat of its district control unit
situated outside the district. In addition to the place or places
where the court is required to sit pursuant to the provisions of
this subsection, the court may sit at a place or places within the
district as the presiding judge of the district determines. If the
court sits at a county seat situated outside the district pursuant
to this subsection, it has the same powers, jurisdiction, and venue
as if sitting within the district.
(4) (3)
In districts of the third class,
the court shall sit
at each city having a population of 3,250 or more and within each
township having a population of 12,000 or more and at other places
as the judges of the district determine. The court is not required
to sit in any political subdivision if the governing body of that
subdivision by resolution and the court agree that the court shall
not sit in the political subdivision.
(5) (4)
Each judge of the district shall
sit at places within
the district as the presiding judge designates.
(6) (5)
A district judge or district court
magistrate may sit
at a place outside the district under a multiple district plan
pursuant to section 8320.
(7) (6)
As used in this section,
"population" means population
according to the most recent federal decennial census, except that
the most recent census shall not apply until the expiration of 18
months from the date on which the census is taken.