SENATE BILL No. 810

 

 

February 13, 2018, Introduced by Senator ROBERTSON and referred to the Committee on Elections and Government Reform.

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 9940 and 9941 (MCL 600.9940 and 600.9941),

 

section 9940 as amended by 1982 PA 40 and section 9941 as amended

 

by 1981 PA 146.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9940. (1) Subject to subsection (5), the district court

 

shall commence to function as of January 1, 1983 in the thirty-

 

second-b district and as of that date, all municipal courts within

 

that district shall be are abolished. The term of the incumbent

 

municipal judges in each city which that will compromise comprise

 

the thirty-second-b district on January 1, 1983 , shall expire

 

expires at 12 p.m. on December 31, 1982.

 

     (2) In the first election of a district court judge for the

 

thirty-second-b district, the candidate receiving the highest

 


number of votes in the general election to fill that office shall

 

serve a term of 6 years. The election of the district court judge

 

for the thirty-second-b district shall must take place pursuant to

 

chapter XXIA of Act No. 116 of the Public Acts of 1954, as amended,

 

being sections 168.467 to 168.467n of the Michigan Compiled

 

Laws.the Michigan election law, 1954 PA 116, MCL 168.467 to

 

168.467m.

 

     (3) All causes of action transferred to the district court

 

pursuant to section 9924(1) shall be as valid and subsisting as

 

they were in the court from which they were transferred. All orders

 

and judgments entered before January 1, 1983 , in the municipal

 

courts which that are abolished pursuant to under subsection (1)

 

shall be are appealable in like manner and to the same courts as

 

applicable before that date.

 

     (4) The rights and privileges accorded under section 8271(4),

 

(5), and (6) to employees of courts abolished by section 9921 shall

 

apply to employees of the municipal courts abolished by subsection

 

(1) to the same extent and effect.

 

     (5) Subsections (1) to (4) shall not apply nor shall any

 

district judgeship proposed for the thirty-second-b district be

 

authorized or filled by election unless each city and incorporated

 

village in the thirty-second-b district, by resolution adopted by

 

its governing body, approves the establishment of the district

 

court in the thirty-second-b district and the district judgeship

 

proposed for that district and unless the clerk of each city and

 

incorporated village adopting such a resolution files a copy of the

 

resolution with the secretary of state not later than 4 p.m. of May


11, 1982. The secretary of state shall immediately notify the state

 

court administrator with respect to the establishment of the

 

district court in the thirty-second-b district and the district

 

judgeship authorized for that district.

 

     (6) If each district control unit authorizes a second district

 

court judgeship pursuant to section 8121(18) and this subsection

 

for 1985, a district judge shall be elected in 1984 for a term of 6

 

years. If each district control unit authorizes a second district

 

court judgeship pursuant to section 8121(18) and this subsection

 

for 1987, a district judge shall be elected in 1986 for a term of 6

 

years. The second district judgeship proposed for the thirty-

 

second-b district shall must not be authorized to be filled by

 

election unless each district control unit of the district, by

 

resolution of the governing body of the district control unit,

 

approves the creation of that judgeship and unless the clerk of

 

each district control unit adopting such a resolution files a copy

 

of the resolution with the secretary of state not later than 4 p.m.

 

of the twelfth Tuesday preceding before the August primary to be

 

held in 1984 or 1986. The secretary of state shall immediately

 

notify the state court administrator with respect to the second

 

district judgeship authorized for the thirty-second-b district. The

 

election of the second district judge for the thirty-second-b

 

district shall must take place pursuant to chapter XXIA of Act No.

 

116 of the Public Acts of 1954, as amended, being sections 168.467

 

to 168.467n of the Michigan Compiled Laws.the Michigan election

 

law, 1954 PA 116, MCL 168.467 to 168.467m.

 

     (7) By enacting this section, the legislature is not mandating


that the district court function in the thirty-second-b district

 

nor any judgeship in the district. If a city or incorporated

 

village, acting through its governing body, approves the

 

establishment of the district court in the thirty-second-b district

 

and any district judgeship proposed by law for that district, that

 

approval constitutes an exercise of that city's or village's option

 

to provide a new activity or service or to increase the level of

 

activity or service offered in the city or village beyond that

 

required by existing law, as the elements of that option are

 

defined by Act No. 101 of the Public Acts of 1979, being sections

 

21.231 to 21.244 of the Michigan Compiled Laws, 1979 PA 101, MCL

 

21.231 to 21.244, and a voluntary acceptance by the city or

 

incorporated village of all expenses and capital improvements which

 

that may result from the establishment of the district court in the

 

thirty-second-b district and any judgeship. However, the exercise

 

of the option does not affect the state's obligation to pay a

 

portion of any district judge's salary as provided by law, or to

 

appropriate and disburse funds to the city or incorporated village

 

for the necessary costs of state requirements established by a

 

state law which that becomes effective on or after December 23,

 

1978.

 

     Sec. 9941. (1) Effective September 1, 1981, the district court

 

shall commence to function in the thirty-sixth district and as of

 

that date the common pleas court of the city of Detroit and the

 

traffic and ordinance division of the recorder's court of the city

 

of Detroit are abolished.

 

     (2) In the thirty-sixth district, district judges shall be


elected as provided in this section, section 8121a, and chapter 21a

 

XXIA of Act No. 116 of the Public Acts of 1954, as amended, being

 

sections 168.467 to 168.467n of the Michigan Compiled Laws.the

 

Michigan election law, 1954 PA 116, MCL 168.467 to 168.467m.

 

     (3) Effective September 1, 1981, each elected incumbent judge

 

of the common pleas court of the city of Detroit shall become

 

becomes a judge of the district court within the thirty-sixth

 

district and shall serve as a district judge until January 1 of the

 

year in which his or her term as a judge of the common pleas court

 

would normally have expired. Effective September 1, 1981, each

 

incumbent judge of the common pleas court of the city of Detroit

 

who has been appointed to that office by the governor after January

 

1, 1981 , shall become becomes a judge of the district court within

 

the thirty-sixth district and shall serve as a district judge until

 

January 1 next succeeding the first general election held after the

 

vacancy to which he or she was appointed occurs, at which election

 

a successor shall be elected for the remainder of the unexpired

 

term which the predecessor incumbent of the common pleas court

 

serving on December 30, 1980 , would have served had that incumbent

 

remained in office until his or her term would normally have

 

expired. In seeking election to the district court after September

 

1, 1981, a judge of the common pleas court becoming a judge of the

 

district court pursuant to under this subsection may file an

 

affidavit of candidacy in like manner as other incumbent judges of

 

the district court , and shall be is entitled to designation on the

 

ballot as a judge of the district court.

 

     (4) Pursuant to the authority granted by section 23 of article


6 VI of the state constitution of 1963, a special primary election

 

shall must be held on September 15, 1981, and a special general

 

election shall must be held on November 3, 1981, to fill the 7 new

 

offices of district judge created pursuant to under section

 

8121a(3) 8121a in the thirty-sixth district of the district court.

 

The 2 candidates receiving the highest number of votes in this

 

special general election in 1981 shall be are elected for a term of

 

9 years, the candidates receiving the third and fourth highest

 

number of votes shall be are elected for a term of 7 years, and the

 

candidates receiving the fifth, sixth, and seventh highest number

 

of votes shall be are elected for a term of 5 years.

 

     (5) Seven district judgeships created pursuant to under

 

section 8121a(4) 8121a for the thirty-sixth district shall must be

 

filled by election in 1982. The 2 candidates receiving the highest

 

number of votes in the 1982 general election shall be are elected

 

for a term of 8 years, the candidates receiving the third, fourth,

 

and fifth highest number of votes shall be are elected for a term

 

of 6 years, and the candidates receiving the sixth and seventh

 

highest number of votes shall be are elected for a term of 4 years.

 

     (6) Two district judgeships created pursuant to under section

 

8121a(5) 8121a for the thirty-sixth district shall must be filled

 

by election in 1984. The 2 candidates receiving the highest number

 

of votes in the 1984 general election shall be are elected for a

 

term of 6 years.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect


unless Senate Bill No. 809                                      

 

          of the 99th Legislature is enacted into law.