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
ATTORNEYS:
ELECTIONS:
JUDGES:
Application of Const 1963, art 6, � 19(2), requirement that judges be admitted to practice of law for five years
Const 1963, art 6, � 19(2), which establishes a length of experience requirement for judges, mandates that a person be admitted to the practice of law for at least five years as of the date of taking judicial office.
Opinion No. 6946
July 25, 1997
Honorable Douglas Carl
State Senator
The Capitol
Lansing, MI
You have asked whether Const 1963, art 6, � 19(2), which establishes a length of experience requirement for judges, mandates that a person be admitted to the practice of law for at least five years as of the date of taking judicial office. Stated another way, you have inquired whether section 19(2) requires admission to practice for five years from the date of filing one's candidacy, from the date of election, or from the date of taking office.
At the general election held November 5, 1996, Senate Joint Resolution D of 1995 was submitted to the people and adopted as Ballot Proposal B, amending Const 1963, art 6, � 19, regarding qualifications for judicial office. New section 19(2), effective December 21, 1996, requires that judges be admitted to the practice of law for at least five years.
(2) To be qualified to serve as a judge of a trial court, a judge of the court of appeals, or a justice of the supreme court, a person shall have been admitted to the practice of law for at least 5 years. This subsection does not apply to any judge or justice appointed or elected to judicial office prior to the date on which this subsection becomes part of the constitution.
[T]he exemption, contained in section 7 of the schedule, from the requirement that a judge of probate must be a person who is licensed to practice law in this State, is
. . . expressly stated to apply only to "any judge of probate serving on the effective date of this Constitution." "Serving" means discharging a function or duty, rendering a service.
1 One must be less than 70 years of age at the time of election or appointment as a district court judge (MCL 168.467; MSA 6.1467); at the time of election as a probate court judge (MCL 168.431; MSA 6.1431); at the time of election as a circuit court judge (MCL 168.411; MSA 6.1411); at the time of election or appointment as a court of appeals judge (MCL 168.409; MSA 6.1409); and at the time of election or appointment as a supreme court justice (MCL 168.391; MSA 6.1391).