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.