Legislative Analysis
Phone: (517) 373-8080
ADDITIONAL PROBATE JUDGE FOR MACOMB COUNTY
http://www.house.mi.gov/hfa
House Bill 4823 as reported from committee Analysis available at
Sponsor: Rep. Douglas C. Wozniak http://www.legislature.mi.gov
Committee: Judiciary
Complete to 10-11-23 (Enacted as Public Act 310 of 2023)
SUMMARY:
House Bill 4823 would amend the Revised Judicature Act to authorize an additional probate
judge for Macomb County beginning January 1, 2025. The county now has two probate judges.
The addition of a third probate judgeship would be subject to the approval of the Macomb
County Board of Commissioners.
MCL 600.8130
BACKGROUND:
Approval of additional judge
Section 805 of the Revised Judicature Act allows the legislature to authorize an additional
probate judgeship to be filled by election if the applicable county board of commissioners
approves the creation of the judgeship by resolution filed with the state court administrator by
4 p.m. of the thirteenth Tuesday before the August primary for the November election before
the judgeship takes effect. (For a judgeship beginning January 1, 2025, that date appears to be
May 7, 2024.)
Section 805 further provides that the county’s approval of the judgeship constitutes an exercise
of its option to provide a new activity or service or to increase the level of activity or service
offered in the county beyond that required by existing law and a voluntary acceptance by the
county of all expenses and capital improvements that may result from the creation of the
judgeship. The state retains its obligation to pay the same portion of the additional judge’s
salary as is paid by the state to other probate judges of the same county.
Judicial Resources Recommendations
The State Court Administrative Office (SCAO) reviews the state’s judicial needs and compiles
its findings in a Judicial Resources Recommendations report that provides recommendations
for the addition or removal of judicial seats so that judicial resources are effectively distributed
across the state. The 2019 Judicial Resources Recommendations report (due to the pandemic,
the most recent) found that Macomb County had a judicial need of additional judges and
recommended that a circuit court judge be added to the 16th Circuit. 1
FISCAL IMPACT:
House Bill 4823 would have an indeterminate fiscal impact on the state and on the county. The
fiscal impact would result from the addition of one probate court judge in Macomb County.
1
https://www.courts.michigan.gov/48ce3d/siteassets/reports/judicial-resources/2019-jrr.pdf
House Fiscal Agency Page 1 of 2
 Local court funding units pay the salaries of probate court judges, and the state reimburses
local units for those costs. Fringe benefits, personnel costs, and costs for supplies, equipment,
and office space are paid for by the local court systems. In fiscal year 2024, the cost for a
probate court judge will be $196,351. This amount includes the probate court judge’s salary of
$172,134 and $24,217 in estimated payroll taxes and retirement costs. State costs are funded
roughly 98% with state GF/GP revenue. Local costs for judgeships vary from court to court.
Macomb County could also incur additional staff related costs if it increases the number of
court staff positions.
POSITIONS:
Representatives of the following entities testified in support of the bill (9-6-23):
• State Court Administrative Office
• Macomb County Probate Court
The Michigan Association of Counties indicated support for the bill. (9-13-23)
Legislative Analyst: Rick Yuille
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4823 as reported Page 2 of 2


Statutes affected:
House Introduced Bill: 600.803
As Passed by the House: 600.803
As Passed by the Senate: 600.803
House Concurred Bill: 600.803
Public Act: 600.803
House Enrolled Bill: 600.803