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.