December 29, 2004

Streamlines local trial courts, addresses ethical concerns

LANSING – Governor Jennifer M. Granholm has signed into law legislation that will convert nine of Michigan’s ten remaining part-time probate court judges to full-time status. The change will streamline jurisdiction among local trial courts and enable Michigan’s court system to more effectively align judicial resources with community needs.

The new law represents a major step toward the elimination of Michigan’s part-time judges to address ethical concerns about judges who continue to practice law while also serving on the bench.

"Experience has shown that consolidation of court jurisdiction makes courts more efficient, saves taxpayers’ money, and hastens the delivery of justice for Michigan families," Granholm said. "As a result of cooperative efforts with the Michigan Supreme Court and the Michigan Legislature, we continue to move the ball forward on court reform in Michigan."

Effective immediately, probate judges in Iron and Ontonagon counties will become full-time judges with the jurisdiction, powers, duties, and title of a district judge in addition to those of a probate judge.

Starting on January 2, 2007, the part-time probate judges in Alcona, Baraga, Benzie, Missaukee, Montmorency, Oscoda, and Presque Isle Counties will become full-time judges with the jurisdiction, powers, duties, and title of a district judge in addition to those of a probate judge. This system of dual jurisdiction effectively combines the office of probate judge and district judge in these nine counties as authorized by Section 15 of Article 6 of the Michigan Constitution of 1963.

Under the new law, the state’s last remaining part-time probate judge in Keweenaw County could be converted to full-time status if the voters of Keweenaw and Houghton Counties vote to establish a probate district for the two counties.

The new law, Public Act 492 of 2004, (Senate Bill 823) was sponsored by Senator Alan Cropsey (R-DeWitt).

The Governor noted that the State Court Administrative Office supported the move to full-time judges. The Office has reported that ethical considerations weigh in favor of the elimination of part-time judgeships, as the practice of law by sitting judges may raise an appearance of impropriety.

In Michigan, probate courts have jurisdiction over cases pertaining to admission of wills, administration of estates and trusts, guardianships, conservatorships, and the treatment of mentally ill and developmentally disabled persons. District courts have exclusive jurisdiction of all civil litigation up to $25,000, including landlord-tenant proceedings, land contract forfeitures, small claims, and other summary proceedings. For criminal proceedings, district courts handle all misdemeanors where punishment does not exceed one year, including the arraignment, setting and acceptance of bail, trial, and sentencing. District courts also conduct preliminary examinations in felony cases.

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