Mich. Comp. Laws § 600.8134 — MI Code / Chapter 600 / Act Act-236-of-1961 / Section 600.8134
Sixty-seventh and sixty-eighth districts.
Status: in_force

Sec. 8134.

(1) Unless the sixty-seventh district court and the sixty-eighth district court are consolidated under subsection (4), the sixty-seventh district consists of the county of Genesee except the city of Flint, is a district of the second class, and is divided into the following election divisions:

(a) The first division consists of the cities of Flushing and Clio and the townships of Flushing, Flint, Montrose, Thetford, and Vienna and has 1 judge.

(b) The second division consists of the cities of Davison and Burton and the townships of Davison, Forest, Richfield, and Atlas and has 2 judges.

(c) The third division consists of the city of Mt. Morris and the townships of Mt. Morris and Genesee and has 1 judge.

(d) The fourth division consists of the cities of Grand Blanc and Swartz Creek and the townships of Fenton, Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2 judges. The fourth division also includes the city of Fenton, which is located in both the counties of Genesee and Oakland.

(2) Unless the sixty-seventh district court and the sixty-eighth district court are consolidated under subsection (4), notwithstanding any other provision of this act, the county board of commissioners may by resolution designate the county seat as a place where the court for the sixty-seventh district shall sit in a central court facility. The adoption of a resolution described in this subsection does not require the approval of the majority of the judges of the district, and binds the county to maintain a court facility in each municipality in the sixty-seventh district where a court facility exists on the date of the resolution.

(3) Except as provided in subsection (4), the sixty-eighth district consists of the city of Flint, is a district of the third class, and has the following number of judges:

(a) Until the date determined under subdivision (b), this district has 5 judges.

(b) This district has 4 judges beginning on the earlier of the following dates:

( i ) The date on which a vacancy occurs in the office of district judge in the sixty-eighth district, unless the vacancy occurs after the vacating judge has been defeated in a primary or general election.

( ii ) The beginning date of the term for which an incumbent district judge in the sixty-eighth district no longer seeks election or reelection to that office.

(4) If the governing body of the county of Genesee, by a vote of 2/3 of the commissioners elected and serving, and the governing body of the city of Flint approve by resolutions the consolidation of the sixty-seventh and sixty-eighth districts, all of the following apply:

(a) Beginning the first January 2 after the approval of both governing bodies, the sixty-eighth district is abolished and the sixty-seventh district consists of the county of Genesee, is a district of the first class, and is divided into the following election divisions:

( i ) The first division consists of the cities of Flushing and Clio and the townships of Flushing, Flint, Montrose, Thetford, and Vienna and has 1 judge.

( ii ) The second division consists of the cities of Davison and Burton and the townships of Davison, Forest, Richfield, and Atlas and has 2 judges.

( iii ) The third division consists of the city of Mt. Morris and the townships of Mt. Morris and Genesee and has 1 judge.

( iv ) The fourth division consists of the cities of Grand Blanc and Swartz Creek and the townships of Fenton, Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2 judges. The fourth division also includes the city of Fenton, which is located in both the counties of Genesee and Oakland.

( v ) The fifth division consists of the city of Flint. The judgeships in the fifth division shall be filled by the incumbent judges of the sixty-eighth district, who shall become judges of the fifth division for the balance of the term to which they were elected or appointed. The fifth division has the following number of judges:

(A) If there are 5 judges in the sixty-eighth district at the time the sixty-seventh and sixty-eighth districts are consolidated, this division has 5 judges. This division has 4 judges beginning on the date on which a vacancy occurs in the office of district judge in this division unless the vacancy occurs after the vacating judge has been defeated in a primary or general election, or the beginning date of the term for which an incumbent district judge in this division no longer seeks election or reelection to that office, whichever is earlier.

(B) If there are 4 judges in the sixty-eighth district at the time the sixty-seventh and sixty-eighth districts are consolidated, this division has 4 judges.

(b) The clerk of the county of Genesee and the clerk of the city of Flint shall file copies of the resolutions with the state court administrator, who, as authorized by the supreme court, shall notify the elections division of the department of state that the consolidation has been approved under this section.

(c) For not less than 2 years after March 27, 2014, the governing body of the county of Genesee shall maintain a court facility in each municipality within the county where a court facility exists on March 27, 2014. The governing body of the county of Genesee may maintain court facilities in any municipality within the county after March 27, 2016.

(d) By proposing or authorizing the consolidation of the sixty-seventh and sixty-eighth districts, the legislature is not creating a new obligation for any affected district control unit. If a district control unit, acting through its governing body, approves the consolidation, then the approval constitutes an exercise of the district control unit's option to increase the level of activity and service offered in that district control unit beyond that required by existing law, as the elements of that option are provided by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary acceptance by that district control unit of all expenses and capital improvements that may result from the consolidation of the districts. However, the exercise of the option does not affect the state's obligation to pay the same portion of each judge's salary that is paid by the state to other district judges as provided by law, or to appropriate and disburse funds to the district control unit for the necessary costs of state requirements established by a state law that takes effect on or after December 23, 1978.

(e) Sections 8177 and 8178 do not apply to the consolidation of the sixty-seventh and sixty-eighth districts.

History: Add. 1968, Act 154, Imd. Eff. June 17, 1968; Am. 1972, Act 169, Imd. Eff. June 15, 1972; Am. 1974, Act 145, Imd. Eff. June 7, 1974; Am. 1980, Act 129, Imd. Eff. May 22, 1980; Am. 1987, Act 75, Imd. Eff. June 29, 1987; Am. 2001, Act 253, Eff. Mar. 22, 2002; Am. 2012, Act 16, Imd. Eff. Feb. 22, 2012; Am. 2014, Act 60, Imd. Eff. Mar. 27, 2014; Am. 2016, Act 41, Eff. June 13, 2016