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HB576 ENROLLED
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HB576
L5D1CWY-2
By Representative Brown (N & P)
RFD: Mobile County Legislation
First Read: 05-Mar-26
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HB576 Enrolled
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First Read: 05-Mar-26
Enrolled, An Act,
Relating to Mobile County; to further provide for the
appointment of temporary judges of probate.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-49-85.42, Code of Alabama 1975,
is amended to read as follows:
"§45-49-85.42
(a)(1) If the regularly elected Judge of Probate of
Mobile County is incompetent from any legal cause,
incapacitated, absent or will be absent from sickness, or
otherwise disqualified from acting as judge, the judge of
probate or the chief clerk shall certify the fact of
incompetency, incapacity, absence, sickness, or
disqualification to the presiding judge of the circuit court
of the county , and the presiding judge of the circuit court,
upon that certificate, shall appoint a person an individual
learned in the law, practicing and residing in the county, to
act as temporary judge of probate. At any time when the
regularly elected judge of probate of the county files a
certificate in the office of the circuit clerk of the county
that he or she is no longer incompetent, from any legal cause,
incapacitated, absent, absent from sickness, or otherwise
disqualified from acting as judge, then the regularly elected
judge of probate of the county shall forthwith immediately
resume the office, duties, authority, and jurisdiction , and
all the authority and jurisdiction of the temporary judge of
probate of the county appointed by the presiding judge of the
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probate of the county appointed by the presiding judge of the
circuit court of the county shall immediately terminate.
(2) In addition thereto to subdivision (1) , the Judge of
Probate of Mobile County, in his or her discretion, may
appoint 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
because of calendar congestion, or complexity of issues, the
prospects of an unduly long trial, or caseload management. No
temporary appointment shall be for a term longer than 90 days.
A temporary judge of probate appointed pursuant to this
subdivision may be appointed for as many successive 90-day
periods or fractions thereof as might be necessary, but shall
not serve more than 100 days during any fiscal year. The
authority granted herein by this subdivision for the
appointment of temporary judges of probate shall terminate at
such time as a second judge of probate for Mobile County is
authorized and the judge so authorized assumes the duties of
the office , or at the end of the first regular session of the
Alabama Legislature after the election or appointment of a
successor to the Judge of Probate of Mobile County serving on
June 14, 2007, whichever occurs first .
(3) All temporary judges of probate shall have the
jurisdiction and authority and discharge the duties of the
judge of probate, and the judgments, orders, and decrees made
or rendered by any of them shall be entered on the records of
the probate court, and shall have the force and effect, and
shall be subject to revision or appeal or by other revisory
remedy, of judgments, orders, and decrees of the probate court
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remedy, of judgments, orders, and decrees of the probate court
or of the judge of probate. Neither the regularly elected
judge of probate of the county, nor the surety on his or her
bond, shall be responsible for any of the acts or decisions
made by any temporary judge of probate, failure to act or
report by any temporary judge of probate, or any of the acts
or failure to act of any employee in the probate court during
the tenure of any temporary judge of probate.
(b) Any temporary judge of probate provided for in this
section shall take the oath directed to be taken by the
officers of the state and shall give bond in the sum of not
less than ten thousand dollars ($10,000) to be fixed and
approved by the presiding judge of the circuit court of the
county, except that the bond of those temporary judges of
probate appointed by the regularly elected judge of probate
pursuant to subdivision (a)(2) shall be fixed and approved by
him or her. Any temporary judge shall receive during the
period served compensation based on 90 percent of the
compensation paid to the regularly elected judge of probate.
Temporary judges of probate shall not be entitled to any
benefit for the appointments beyond the salary compensation
allowed herein in this subdivision . Nothing in this section
shall be construed to deprive the regularly elected judge of
probate of the salary and benefits provided by law for the
judge of probate during his or her term of office.
(c) If, in any single case or proceeding arising in the
probate court of the county, or in reference to which the
judge thereof of probate is required to exercise jurisdiction
or authority , and the judge of probate shall is for any legal
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or authority , and the judge of probate shall is for any legal
cause, be disqualified to try, hear, or render judgment, he or
she, or his or her chief clerk , shall certify the fact of
disqualification to the presiding judge of the circuit court
of the county ,. and the The presiding judge, upon such
certificate, shall appoint a disinterested person individual
practicing in the county , and learned in the law to act as
special judge of the probate court of the county ; and the .
The special judge in relation appointed to such single the
case or proceeding shall have the jurisdiction and authority,
and discharge the duties of judge of probate, and the
judgments, orders, and decrees made or rendered by him or her
shall be entered on the records of the court, and shall have
the force and effect, and shall be subject to revision or
appeal, or by other revisory remedy, of judgments, orders, and
decrees of the court of probate or the judge thereof ; and the
. The special judge of probate shall not be required to give
bond, nor shall the regularly elected judge of probate or his
or her surety on his or her bond be responsible for any of the
acts or decisions of the special probate judge.
(d) In any single case or proceeding any Any attorney
acting as special probate judge on the hearing and trial of
any case which the judge of probate is incompetent for any
legal cause or disqualified from acting pursuant to
subdivision (c) shall receive as compensation for his or her
services the sum of fifty dollars ($50) per day for each day
he or she is actually engaged in holding such court, to be
paid in the same manner as the judge of probate.
(e) No provision of this section shall be construed as
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(e) No provision of this section shall be construed as
a limitation of the powers or authority of the chief clerk as
provided in Title 13 Section 300 of the 1940 Code of Alabama,
as amended Section 12-13-14 ."
Section 2. This act shall become effective on June 1,
2026.
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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 17-Mar-26.
John Treadwell
Clerk
Senate 31-Mar-26 Passed
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