Current through Public Act 149 of the 2024 Legislative Session
Section 600.9941 - District court in thirty-sixth district; commencement; abolition of common pleas court and traffic and ordinance division of recorder's court; election of district judges; incumbent judge of common pleas court as judge of district court; affidavit of candidacy; elections to fill new district judgeships; terms(1) Effective September 1, 1981, the district court shall commence to function in the thirty-sixth district and as of that date the common pleas court of the city of Detroit and the traffic and ordinance division of the recorder's court of the city of Detroit are abolished.(2) In the thirty-sixth district, district judges shall be elected as provided in this section, section 8121a, and chapter 21a of Act No. 116 of the Public Acts of 1954, as amended, being sections 168.467 to 168.467n of the Michigan Compiled Laws.(3) Effective September 1, 1981, each elected incumbent judge of the common pleas court of the city of Detroit shall become a judge of the district court within the thirty-sixth district and shall serve as a district judge until January 1 of the year in which his or her term as a judge of the common pleas court would normally have expired. Effective September 1, 1981, each incumbent judge of the common pleas court of the city of Detroit who has been appointed to that office by the governor after January 1, 1981, shall become a judge of the district court within the thirty-sixth district and shall serve as a district judge until January 1 next succeeding the first general election held after the vacancy to which he or she was appointed occurs, at which election a successor shall be elected for the remainder of the unexpired term which the predecessor incumbent of the common pleas court serving on December 30, 1980, would have served had that incumbent remained in office until his or her term would normally have expired. In seeking election to the district court after September 1, 1981, a judge of the common pleas court becoming a judge of the district court pursuant to this subsection may file an affidavit of candidacy in like manner as other incumbent judges of the district court, and shall be entitled to designation on the ballot as a judge of the district court.(4) Pursuant to the authority granted by section 23 of article 6 of the constitution of 1963, a special primary election shall be held on September 15, 1981, and a special general election shall be held on November 3, 1981, to fill the 7 new offices of district judge created pursuant to section 8121a(3) in the thirty-sixth district of the district court. The 2 candidates receiving the highest number of votes in this special general election in 1981 shall be elected for a term of 9 years, the candidates receiving the third and fourth highest number of votes shall be elected for a term of 7 years, and the candidates receiving the fifth, sixth, and seventh highest number of votes shall be elected for a term of 5 years.(5) Seven district judgeships created pursuant to section 8121a(4) for the thirty-sixth district shall be filled by election in 1982. The 2 candidates receiving the highest number of votes in the 1982 general election shall be elected for a term of 8 years, the candidates receiving the third, fourth, and fifth highest number of votes shall be elected for a term of 6 years, and the candidates receiving the sixth and seventh highest number of votes shall be elected for a term of 4 years.(6) Two district judgeships created pursuant to section 8121a(5) for the thirty-sixth district shall be filled by election in 1984. The 2 candidates receiving the highest number of votes in the 1984 general election shall be elected for a term of 6 years.Add. 1980, Act 438, Eff. 5/1/1981 ;--Am. 1981, Act 3, Eff. 4/30/1981 ;--Am. 1981, Act 146, Imd. Eff. 11/10/1981.