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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6507 March 14, 1988 COURTS, DISTRICT: Appointment of magistrate in district of third class A magistrate may be appointed for a district court of the third class composed of two judges by joint action of the two judges, subject to approval by the district control unit or units which contain more than 50% of the population of the district. Honorable Agnes Dobronski State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion on a question which, restated, asks: In a district court of the third class that has two judges, may the presiding judge appoint a district court magistrate over the objection of the second judge of the district? 1961 PA 236, Sec. 8501(2), as last amended by 1984 PA 278, MCL 600.8501(2); MSA 27A.8501(2), provides for the appointment of magistrates in third class districts as follows: '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. 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 shall be subject to approval by the governing body or bodies of the district control unit or units which, individually or in the aggregate, contain more than 50% of the population of the district. This subsection shall not apply to the thirty-sixth district.' OAG, 1981-1982, No 5905, p 201 (May 18, 1981), reviewed Sec. 8501(2) prior to its amendment by 1984 PA 278 and concluded: 'Thus, the presiding judge of a district of the third class must exercise the appointment power with the other judges of the district court. Further, any appointment of a district court magistrate is subject to approval of the district control units within the district.' (Emphasis added.) The amendatory provisions of 1984 PA 278 do not affect my opinion that the presiding judge must act with the other judges of the district court when appointing a magistrate in a district of the third class. The language of Sec. 8501(2) is clear and unambiguous. Where the language of a statute is clear and unambiguous, it is to be applied as written. Bannan v City of Saginaw, 420 Mich 376, 390; 362 NW2d 668, reh den 421 Mich 1202 (1985), Dussia v Monroe County Employees Retirement System, 386 Mich 244, 248-249; 191 NW2d 307 (1971). It is my opinion, therefore, that the presiding judge of a district court in a district of the third class must, when appointing a magistrate, exercise the appointment power in conjunction with the second judge in a two-judge district. It is my further opinion that the appointment of such district court magistrate is subject to approval by the district control units which contain, individually or in the aggregate, more than 50% of the population of the district. Frank J. Kelley Attorney General
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