Section 600.803 - Probate judges; number.
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.803 Probate judges; number.
Sec. 803.
(1) Except as otherwise provided in this section, each county which is not part of a probate court district created pursuant to sections 808 to 810 or previously created pursuant to law shall have at least 1 judge of probate.
(2) Each probate court district created pursuant to law shall have 1 judge of probate.
(3) The counties of Berrien, Calhoun, Ingham, Monroe, Muskegon, Saginaw, St. Clair, and Washtenaw shall each have 2 judges of probate.
(4) Until 12 noon, January 1, 2005, the county of Genesee shall have 3 judges of probate; however, if, after 12 noon, January 1, 2003, a vacancy occurs in the judgeship held by the incumbent probate judge in Genesee county whose term of office expires January 1, 2005 and who would be ineligible to seek reelection to that office in 2004, that probate judgeship is eliminated effective 12 noon, January 1, 2005. Beginning 12 noon, January 1, 2005, the county of Genesee shall have 2 judges of probate.
(5) Until 12 noon, January 1, 2005, the county of Macomb shall have 3 judges of probate; however, if the incumbent probate judge in Macomb county whose term of office as probate judge expires on January 1, 2005 is elected in 2002 to the office of circuit judge in the sixteenth judicial circuit for a term beginning January 1, 2003, that probate judgeship is eliminated effective 12 noon, January 1, 2005. Beginning 12 noon, January 1, 2005, the county of Macomb shall have 2 judges of probate.
(6) The county of Kalamazoo shall have 3 judges of probate.
(7) The county of Kent shall have 4 judges of probate.
(8) The county of Oakland shall have 4 judges of probate.
(9) The county of Wayne shall have the following number of judges of probate:
(a) Until subdivision (b) takes effect, the county of Wayne shall have 9 judges of probate.
(b) The county of Wayne shall have 8 judges of probate beginning on the earliest of the following dates:
(i) Upon the occurrence of a vacancy in a judgeship held by an incumbent probate judge in Wayne county whose term expires on January 1, 2005, and who would be ineligible to seek reelection to that office in 2004.
(ii) Upon the expiration of the term of an incumbent probate judge who is not eligible to seek reelection to that office.
(10) When 1 or more new judges of probate are authorized in a county pursuant to this section, the new judgeship or judgeships shall appear on the ballot separate and apart from other judicial offices of the same court in the primary and general election.
History: Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1980, Act 129, Imd. Eff. May 22, 1980 ;-- Am. 1998, Act 55, Imd. Eff. Apr. 8, 1998 ;-- Am. 2001, Act 253, Eff. Mar. 22, 2002 ;-- Am. 2002, Act 715, Eff. Mar. 31, 2003
Compiler's Notes: Sections 2 to 5 of Act 129 of 1980 provide:“New circuit and district judgeships; appearance on ballot; duty of candidate; petitions; filing fee.“Section 2. The new circuit and district judgeships authorized by this amendatory act shall appear on the ballot separate and apart from other judicial offices on the ballot in the primary and general election in the respective circuits and district court districts. If another judicial office of the same court is to be filled by election in the same circuit, county, or district, a candidate for a new judgeship authorized in that circuit, county, or district by this amendatory act shall indicate, at the time of filing nominating petitions, whether the candidate is filing for a new judgeship or for 1 of the other judicial offices of the same court to be filled by election in 1980. Petitions for a new judgeship created pursuant to this amendatory act shall bear signatures affixed to the petition after the date by which all counties in the circuit, all district control units in the district, or, in the case of a probate judgeship, the county, have adopted the resolutions required by law to create that office. Notwithstanding any other provision of law, a nonreturnable filing fee of $250.00 may be paid up to 4 p.m. on June 3, 1980 in lieu of petitions for new judgeships authorized by this 1980 amendatory act which are to be filled by election in 1980.“Additional circuit judgeship for third judicial circuit; terms.“Section 3. If the additional circuit judgeship permitted by this amendatory act for the third judicial circuit is created pursuant to law, the candidate receiving the highest number of votes in the 1980 general election shall be elected for a term of 8 years, and the candidate receiving the second highest number of votes shall be elected for a term of 6 years.“Additional circuit judgeship for sixteenth judicial circuit; term.“Section 4. If the additional circuit judgeship permitted by this amendatory act for the sixteenth judicial circuit is created pursuant to law, the first term of that judgeship shall be 8 years.“Change in composition of affected judicial circuits; effective date.“Section 5. If a new judicial circuit of the circuit court is created pursuant to section 550a, the change in the composition of the affected judicial circuits shall take effect for judicial purposes on January 1, 1981. If the fifty-fourth judicial circuit is created pursuant to this act, the incumbent circuit judge of the fortieth judicial circuit who resides in Tuscola county shall become the judge of the fifty-fourth judicial circuit on January 1, 1981, and shall serve until the term for which he was elected in the fortieth judicial circuit expires.”