HOUSE BILL No. 4754
June 13, 2017, Introduced by Rep. Barrett and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 401, 405, 841, and 8304 (MCL 600.401, 600.405,
600.841, and 600.8304), section 401 as amended by 2012 PA 338,
section 405 as added by 2002 PA 678, and sections 841 and 8304 as
amended by 2013 PA 164, and by adding section 403.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 401. (1) Within each judicial circuit, subject to
approval by the supreme court and to the limitations contained in
sections 410, 841, and 8304, a plan of concurrent jurisdiction
shall must be adopted by a majority vote of all of the judges of
the trial courts in the plan unless a majority of all of the judges
of the trial courts in that judicial circuit vote not to have a
plan of concurrent jurisdiction. If a majority of all of the judges
of the trial courts in a judicial circuit vote not to have a plan
of concurrent jurisdiction, the chief judge of the circuit court of
that judicial circuit shall report the results of that vote to the
state court administrator.
(2) A plan of concurrent jurisdiction under this section may
provide for 1 or more of the following:
(a) The circuit court and 1 or more circuit judges may
exercise the power and jurisdiction of the probate court.
(b) The circuit court and 1 or more circuit judges may
exercise the power and jurisdiction of the district court.
(c) The probate court and 1 or more probate judges may
exercise the power and jurisdiction of the circuit court.
(d) The probate court and 1 or more probate judges may
exercise the power and jurisdiction of the district court.
(e) The district court and 1 or more district judges may
exercise the power and jurisdiction of the circuit court.
(f) The district court and 1 or more district judges may
exercise the power and jurisdiction of the probate court.
(g) If there are multiple district court districts within the
judicial circuit, 1 or more district judges may exercise the power
and jurisdiction of judge of another district court district within
the judicial circuit.
(h) If there are multiple probate courts within the judicial
circuit, 1 or more probate judges may exercise the power and
jurisdiction of judge of another probate court within the judicial
circuit.
(3) A plan of concurrent jurisdiction under this section shall
must provide for the transfer or assignment of cases between the
trial courts affected by the plan and to individual judges of those
courts as necessary to implement the plan and to fairly distribute
the workload among those judges.
(4) A plan of concurrent jurisdiction under this section may
include agreements as to other matters involving the operation of
the trial courts participating in the plan, as approved by the
supreme court.
(5) A plan of concurrent jurisdiction becomes effective upon
the approval of the plan by the supreme court.
(6) This section does not apply to the counties of Genesee,
Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne. , which have
district court districts of the third class.
Sec. 403. (1) A plan of concurrent jurisdiction between or
among judicial circuits may, subject to approval by the supreme
court and to the limitations contained in sections 410, 841, and
8034, be adopted if it is adopted by a majority vote of all of the
judges of the trial courts in the plan.
(2) A plan of concurrent jurisdiction under this section may
provide for 1 or more of the following:
(a) One or more circuit judges in 1 judicial circuit may
exercise the power and jurisdiction of the circuit court in the
other judicial circuit.
(b) One or more circuit judges in 1 judicial circuit may
exercise the power and jurisdiction of the probate court in the
other judicial circuit.
(c) One or more circuit judges in 1 judicial circuit may
exercise the power and jurisdiction of the district court in the
other judicial circuit.
(d) One or more probate judges in 1 judicial circuit may
exercise the power and jurisdiction of the probate court in the
other judicial circuit.
(e) One or more probate judges in 1 judicial circuit may
exercise the power and jurisdiction of the circuit court in the
other judicial circuit.
(f) One or more probate judges in 1 judicial circuit may
exercise the power and jurisdiction of the district court in the
other judicial circuit.
(g) One or more district judges in 1 judicial circuit may
exercise the power and jurisdiction of the district court in the
other judicial circuit.
(h) One or more district judges in 1 judicial circuit may
exercise the power and jurisdiction of the circuit court in the
other judicial circuit.
(i) One or more district judges in 1 judicial circuit may
exercise the power and jurisdiction of the probate court in the
other judicial circuit.
(3) A plan of concurrent jurisdiction under this section must
provide for the transfer or assignment of cases between the trial
courts affected by the plan and to individual judges of those
courts as necessary to implement the plan and to fairly distribute
the workload among those judges.
(4) A plan of concurrent jurisdiction under this section may
include agreements concerning other matters involving the operation
of the trial courts participating in the plan, as approved by the
supreme court.
(5) A plan of concurrent jurisdiction under this section
becomes effective upon the approval of the plan by the supreme
court.
(6) This section applies to all judicial circuits.
Sec. 405. Sections 403, 406, 407, and 408 provide options for
adoption of a plan of concurrent jurisdiction in the counties of
Genesee, Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne.,
which have district court districts of the third class.
Sec. 841. (1) The probate court has jurisdiction and power as
follows:
(a) As conferred upon it under the estates and protected
individuals code, 1998 PA 386, MCL 700.1101 to 700.8206.
(b) As conferred upon it under the mental health code, 1974 PA
258, MCL 330.1001 to 330.2106.
(c) As conferred upon it under this act.
(d) As conferred upon it under another law or compact.
(2) In a judicial circuit in which If the probate court is
affected by a plan of concurrent jurisdiction adopted under chapter
4, the probate court has concurrent jurisdiction with the circuit
court, or the district court, or both, probate court, or district
court or courts as provided in the plan of concurrent jurisdiction,
except as to the following matters:
(a) The circuit court has exclusive jurisdiction over appeals
from the district court and from administrative agencies as
authorized by law.
(b) The circuit court has exclusive jurisdiction and power to
issue, hear, and determine prerogative and remedial writs
consistent with section 13 of article VI of the state constitution
of 1963.
Sec. 8304. In a district court district in which If the
district court is affected by a plan of concurrent jurisdiction
adopted under chapter 4, the district court has concurrent
jurisdiction with the circuit court, or the probate court, or both,
or district court or courts as provided in the plan of concurrent
jurisdiction, except as to the following matters:
(a) The circuit court has exclusive jurisdiction over appeals
from the district court and from administrative agencies as
authorized by statute.law.
(b) The circuit court has exclusive jurisdiction and power to
issue, hear, and determine prerogative and remedial writs
consistent with section 13 of article VI of the state constitution
of 1963.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.