SENATE BILL No. 1056

 

 

January 13, 2010, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.

 

 

 

     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, 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

 

3,250 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 3,250

 

10,000 or more, the court shall sit at a place or places within the

 

district as the judges presiding judge of the district determine

 

determines. 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 the assent of the presiding judge 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 presiding judge of the

 

district determine 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.

 

     (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.

 

     (4) Each judge of the district shall sit at places within the

 

district as the presiding judge designates.

 

     (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.

 

     (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.