Michigan Laws 600.407 – District judges, circuit and probate judges; Genesee, Ingham, Kent, Macomb, Oakland, and Washtenaw counties; adoption of plan of concurrent jurisdiction
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Terms Used In Michigan Laws 600.407
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Within the counties of Genesee, Ingham, Kent, Macomb, Oakland, and Washtenaw, a majority of all of the district judges in the county-funded district court district and the circuit judges and probate judges of the courts in the plan, subject to approval by the supreme court and to the limitations contained in sections 410, 841, and 8304, shall adopt 1 or more plans of concurrent jurisdiction under this section unless a plan of concurrent jurisdiction has been adopted under section 406 or 408, or unless a majority of all of the district judges in the county-funded district court district and the circuit judges and probate judges in that county vote not to have a plan of concurrent jurisdiction. If a majority of all of the district judges in the county-funded district court district and the circuit judges and probate judges in that county vote not to have a plan of concurrent jurisdiction, the chief judge of the circuit court in that county 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 within the county-funded district court district.
(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 within the county-funded district court district.
(e) The district court and 1 or more district judges in the county-funded district court district within the county may exercise the power and jurisdiction of the circuit court.
(f) The district court and 1 or more district judges in the county-funded district court district within the county may exercise the power and jurisdiction of the probate court.
(3) A plan of concurrent jurisdiction under this section shall 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.