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HB355 ENROLLED
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HB355
V7JCDPL-2
By Representatives Lee, Clouse, Rehm, Sorrells (N & P)
RFD: Local Legislation
First Read: 29-Jan-26
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HB355 Enrolled
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First Read: 29-Jan-26
Enrolled, An Act,
Relating to Houston County; to amend Section
45-35-83.83, Code of Alabama 1975; to extend the length of
time a temporary judge of probate may serve; and to revise the
compensation of a temporary judge of probate.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-35-83.83, Code of Alabama 1975,
is amended to read as follows:
"§45-35-83.83
(a) The Judge of Probate of Houston County may appoint
from the qualified electors of Houston County one or more
temporary judges of probate to serve contemporaneously with
him or her when the elected judge of probate finds that the
temporary appointments are necessary due to calendar
congestion, complexity of issues, the prospects of an unduly
long trial, or caseload management.
(b) No temporary appointment shall be for a term longer
than 90180 days.
(c) A temporary judge of probate may be appointed for
as many successive 90180-day periods or fractions thereof as
might be necessary, but a temporary judge of probate shall not
servepreside over hearings on more than 200 days during any
fiscal year.
(d) Any qualified employee of the court who is licensed
to practice law in the state is eligible for an appointment as
a temporary judge of probate.
(e) All temporary judges of probate shall have the
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HB355 Enrolled
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(e) All temporary judges of probate shall have the
jurisdiction and authority and shall discharge the duties of
the judge or probate, and the judgments, orders, and decrees
made or rendered by any temporary judge of probate shall be
entered on the records of the probate court and shall have the
force and effect and be subject to revision or appeal or other
revisory remedy of judgments, orders, and decrees of the
probate court or of the judge of probate.
(f) Neither the regularly elected judge of probate, nor
the surety on his or her bond, shall be responsible for any of
the acts, failures to act, reports, or decisions made by any
temporary judge of probate, or any of the acts or failures to
act of any employee in the probate court during the tenure of
the temporary judge of probate.
(g) Compensation for temporary judges of probate shall
be fiftyone hundred dollars ($50)($100) per hearing to be paid
from the discretionary fund of the judge of probate, unless
the temporary judge of probate is an employee of the court, in
which case the employee shall not receive any compensation
under the pay plan established by the rules of the Houston
County Personnel Board.
Section 2. This act shall become effective on October
1, 2026.
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HB355 Enrolled
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 05-Feb-26.
John Treadwell
Clerk
Senate 19-Feb-26 Passed
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