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Mich. Comp. Laws § 600.8501

District court magistrates; number; appointment; approval; qualifications; thirty-sixth district

Applied in 3 court decisions — leading case 194 F. Supp. 2d 620 - United States v. Neering (2002)

Most recently applied in In re James (July 2012)

Add. 1968, Act 154, Imd

Sec. 8501. (1) In a county that elects by itself fewer than 2 district judges, the county board of commissioners shall provide for 1 district court magistrate. In all other counties in districts of the first and second class, the county board of commissioners shall provide for not less than 1 magistrate if recommended by the judges of the district. Additional magistrates may be provided by the board upon recommendation of the judges. All magistrates provided for shall be appointed by the judges of the district and the appointments shall be subject to approval by the county board of commissioners before a person assumes the duties of the office of magistrate. (2) In each district of the third class, the judge or judges of the district may appoint 1 or more district court magistrates. A person shall not be appointed magistrate unless the person is a registered elector in the district for which the person was appointed or in an adjoining district if the appointment is made under a plan of concurrent jurisdiction adopted under chapter 4. Before a person assumes the duties of the office of magistrate in a district of the third class, the appointment of that person as a district court magistrate is subject to approval by the governing body or bodies of the district control unit or units that, individually or in the aggregate, contain more than 50% of the population of the district. This subsection does not apply to the thirty-sixth district. (3) The thirty-sixth district shall have not more than 6 district court magistrates. The chief judge of the thirty-sixth district may appoint 1 or more magistrates as permitted by this subsection. If a vacancy occurs in the office of district court magistrate, the chief judge may appoint a successor. Each magistrate appointed under this subsection shall serve at the pleasure of the chief judge of the thirty-sixth district. (4) A person shall not be appointed district court magistrate under subsection (3) unless the person is a registered elector in the district or in an adjoining district if the appointment is made under a plan of concurrent jurisdiction adopted under chapter 4.

Official source: Michigan Legislature. Reproduced from public-domain Michigan statutes; confirm against the official source for the current text. Not legal advice.