Section 600.822 - Probate judge; annual salary based on population; payment; increase or decrease in salary; representing party in contested proceeding; additional salary; total annual salary; state s
REVISED JUDICATURE ACT OF 1961 (EXCERPT)
Act 236 of 1961
600.822 Probate judge; annual salary based on population; payment; increase or decrease in salary; representing party in contested proceeding; additional salary; total annual salary; state salary standardization payment; minimum annual salary.
Sec. 822.
(1) Except as provided in subsection (6), a probate judge not included in section 821 shall receive a minimum annual salary of $20,000.00. Six thousand dollars of the minimum annual salary provided by this subsection shall be paid by the county and the balance of the minimum annual salary shall be paid by the state as a grant to the county. The county shall, in turn, pay that amount to the probate judge.
(2) The minimum annual salary provided in subsection (1) may be increased but shall not be decreased during the term for which the probate judge has been elected or appointed. This salary is in full compensation for all services performed by the person as probate judge, except as otherwise provided by law. A probate judge whose minimum annual salary is provided in subsection (1) shall not represent a party in a contested proceeding in the probate court of this state.
(3) In addition to the salary provided in subsection (1), a probate judge may receive from the county in which he or she regularly holds court an additional salary of not more than $45,724.00, as determined by the county board of commissioners. The additional salary may be increased during a term of office but shall not be decreased except to the extent of a general salary reduction in all other branches of government in the county.
(4) Except as provided in subsection (8), the total annual salary of a probate judge, including the salary provided in subsection (1) and any additional salary granted by the county under subsection (3), shall not exceed $65,724.00.
(5) From funds appropriated to the judiciary, the state shall pay to a county described in subsection (1) a state salary standardization payment of $5,750.00 for each probate judge and an additional payment of $6,000.00 for each probate judge to offset the portion of minimum annual salary paid by the county.
(6) A probate judge described in subsection (1) may receive an additional minimum annual salary, in addition to the $20,000.00 minimum annual salary described in subsection (1), if all of the following apply:
(a) The county board of commissioners approves payment to the probate judge of an additional salary from the county in the amount of $45,724.00 as provided in subsection (3).
(b) The county board of commissioners passes a resolution that includes all of the following:
(i) A determination of an amount that the county is willing to reimburse the state as an additional minimum annual salary for the probate judge.
(ii) An agreement to immediately reimburse the state for the additional minimum annual salary authorized under this subsection.
(iii) An agreement that the determination under subparagraph (i) will not be decreased during the term of office of the probate judge.
(iv) An agreement that the amount of reimbursement for the additional minimum annual salary will not be decreased during the term of office of the probate judge.
(c) The probate judge agrees in writing to the following:
(i) To participate in a plan of concurrent jurisdiction as provided in chapter 4.
(ii) To participate in a family court plan as provided in chapter 10.
(iii) To not engage in the practice of law other than as a judge.
(iv) That if he or she becomes included in section 821, any additional minimum annual salary authorized under this subsection would thereafter be considered part of the minimum annual salary described in section 821.
(d) The supreme court or the state court administrative office approves the payment of the additional minimum annual salary authorized under this subsection.
(7) The additional minimum annual salary authorized under subsection (6) shall be paid by the state as a grant to the county, and the county shall in turn pay that amount to the probate judge in the same manner as provided in section 821(3). The county may increase the determination authorized under subsection (6)(b)(i) and its obligation to reimburse the state during the term of office of the probate judge.
(8) The total annual salary paid to a probate judge who receives an additional minimum annual salary under subsection (6), including the minimum annual salary provided in subsection (1), the additional county salary provided in subsection (3), and the additional minimum annual salary provided in subsection (6), shall not exceed 85% of the salary of a justice of the supreme court.
(9) If a probate judge described in subsection (1) becomes included in section 821, any additional minimum annual salary authorized under subsection (6) shall thereafter be considered part of the minimum annual salary described in section 821(2)(a), and the county's obligation to reimburse the state under subsection (6) shall cease.
(10) A probate judge who receives an additional minimum annual salary under subsection (6) shall not engage in the practice of law other than as a judge.
History: Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1994, Act 389, Imd. Eff. Dec. 29, 1994 ;-- Am. 1995, Act 259, Imd. Eff. Jan. 5, 1996 ;-- Am. 1996, Act 374, Eff. Jan. 1, 1997 ;-- Am. 1998, Act 298, Imd. Eff. July 28, 1998 ;-- Am. 1998, Act 313, Eff. Jan. 1, 1999 ;-- Am. 2002, Act 92, Eff. Mar. 31, 2003 ;-- Am. 2003, Act 40, Imd. Eff. July 9, 2003