Michigan Laws 600.805 – Additional probate judgeship; creation; approval by county; resolution; filing; notice to county clerk; effect of approval; state’s obligation; election; first term; exception to resolution requi
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Terms Used In Michigan Laws 600.805
- 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.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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) The additional judges of probate permitted by section 803 shall not be filled by election unless the county, by resolution adopted by the county board of commissioners, approves the creation of that judgeship and unless the clerk of that county files a copy of the resolution with the state court administrator not later than 4 p.m. of the thirteenth Tuesday preceding the August primary for the election to fill the additional judge of probate. The state court administrator shall immediately notify the county clerk with respect to any new judge of probate authorized for that county under this subsection.
(2) By permitting an additional judgeship, the legislature is not creating that judgeship. If a county, acting through its board of commissioners, approves the creation of an additional judge of probate, that approval constitutes an exercise of the county’s option to provide a new activity or service or to increase the level of activity or service offered in the county beyond that required by existing law, as the elements of that option are defined by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary acceptance by the county of all expenses and capital improvements that may result from the creation of the judgeship. However, the exercise of the option does not affect the state’s obligation to pay the same portion of the additional judge’s salary that is paid by the state to the other judges of probate of the same county, or to appropriate and disburse funds to the county for the necessary costs of state requirements established by a state law that takes effect on or after December 23, 1978.
(3) Each additional judgeship created under subsection (1) shall be filled by election under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The first term of each additional judgeship shall be 6 years unless the law permitting the additional judgeship provides for a term of a different length.
(4) A combination of the office of probate judge with a judicial office of limited jurisdiction within a county under section 15 of article VI of the state constitution of 1963 that does not result in an increase in the total number of trial judgeships in the county does not require a resolution of approval by the county board of commissioners under this section.