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HB84 • 2026

Covington County, judge of probate authorized to exercise equity jurisdiction under certain conditions, Constitutional Amendment

Covington County, judge of probate authorized to exercise equity jurisdiction under certain conditions, Constitutional Amendment

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Hammett (M)
Last action
2026-01-27
Official status
Enacted
Effective date
Contingent

Plain English Breakdown

The candidate explanation includes details that are not explicitly stated or necessary according to the provided official bill summary and text.

Covington County Judge of Probate Jurisdiction Amendment

This amendment allows the Covington County Judge of Probate to exercise equity jurisdiction like a circuit court judge in cases originally filed in the Probate Court, if they are licensed to practice law.

What This Bill Does

  • Allows the Covington County Judge of Probate to exercise equity jurisdiction concurrent with that of circuit courts in cases originally filed in the Probate Court of Covington County if the judge is licensed to practice law in Alabama.
  • Ensures that cases handled by the Judge of Probate are treated the same as those filed in circuit courts.
  • Incorporates the Alabama Rules of Civil Procedure for these cases, unless other laws say otherwise.

Who It Names or Affects

  • The Judge of Probate in Covington County
  • People involved in legal cases originally filed in the Probate Court of Covington County

Terms To Know

equity jurisdiction
the power to make decisions based on fairness and justice, often used for disputes between individuals.
circuit court judge
a judge who handles a wide range of legal cases in their assigned area.

Limits and Unknowns

  • The amendment will only take effect if it is ratified by the voters.
  • It does not specify what happens if the Judge of Probate is not licensed to practice law at the time a case is filed.

Bill History

  1. 2026-01-27 House

    Enacted

  2. 2026-01-27 Senate

    Signature Requested

  3. 2026-01-27 House

    Sent to Secretary of State

  4. 2026-01-27 House

    Delivered to Governor

  5. 2026-01-22 Senate

    Chambliss Local Certification Resolution - Adopted Roll Call 97 (Yeas 31, Nays 0)

  6. 2026-01-22 Senate

    Motion to Read a Third Time and Pass - Adopted Roll Call 96 (Yeas 31, Nays 0)

  7. 2026-01-22 Senate

    Third Reading in Second House (Yeas 31, Nays 0)

  8. 2026-01-22 House

    Ready to Enroll

  9. 2026-01-21 Senate

    Read for the Second Time and placed on the Calendar

  10. 2026-01-21 Senate

    Reported Out of Committee Second House

  11. 2026-01-20 House

    LocalCertificationResolutionAdopted (Yeas 60, Nays 0)

  12. 2026-01-20 House

    Motion to Read a Third Time and Pass - Adopted Roll Call 39 (Yeas 65, Nays 0)

  13. 2026-01-20 House

    Third Reading in House of Origin (Yeas 65, Nays 0)

  14. 2026-01-20 Senate

    Pending Committee Action in Second House

  15. 2026-01-20 Senate

    Read for the first time and referred to the Senate Committee on Local Legislation

  16. 2026-01-15 House

    Read for the Second Time and placed on the Calendar

  17. 2026-01-15 House

    Reported Out of Committee House of Origin

  18. 2026-01-13 House

    Pending Committee Action in House of Origin

  19. 2026-01-13 House

    Read for the first time and referred to the House Committee on Local Legislation

Official Summary Text

This act proposes an amendment to the Constitution of Alabama of 2022, relating to Covington County, to allow the Judge of Probate of Covington County to exercise equity jurisdiction concurrent with that of circuit courts in cases filed in the Probate Court of Covington County if the judge of probate is licensed to practice law in the state.

Current Bill Text

Read the full stored bill text
HB84 ENROLLED
Page 0
HB84
QNLFM14-2
By Representative Hammett (Constitutional Amendment)
RFD: Local Legislation
First Read: 13-Jan-26
PFD: 17-Dec-25
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HB84 Enrolled
Page 1
PFD: 17-Dec-25
Enrolled, An Act,
To propose an amendment to the Constitution of Alabama
of 2022, relating to Covington County, to authorize the Judge
of Probate of Covington County to exercise jurisdiction
concurrent with certain circuit court cases if the judge of
probate is licensed to practice law in the State of Alabama.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The following amendment to the Constitution
of Alabama of 2022, is proposed:
PROPOSED AMENDMENT
The Judge of Probate of Covington County may exercise
equity jurisdiction concurrent with that of the circuit court
in cases originally filed in the Probate Court of Covington
County if the judge of probate is licensed to practice law in
the State of Alabama. In any case subject to this amendment,
the judge of probate shall possess the power and authority of
a circuit court judge trying the case and the case shall be
treated in all respects in the same manner as a case filed in
circuit court. The Alabama Rules of Civil Procedure shall
apply in the cases except as otherwise specifically provided
by law. This amendment is self-executing, but the Legislature
may enact additional laws to implement this amendment if
needed.
Upon ratification of this constitutional amendment, the
Code Commissioner shall number and place this amendment as
appropriate in the constitution omitting this instructional
paragraph and may make the following nonsubstantive revisions:
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HB84 Enrolled
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paragraph and may make the following nonsubstantive revisions:
change capitalization, hierarchy, spelling, and punctuation
for purposes of style and uniformity; correct manifest
grammatical, clerical, and typographical errors; revise
internal or external citations and cross-references; harmonize
language; and translate effective dates.
END PROPOSED AMENDMENT
Section 2. An election upon the proposed amendment
shall be held in accordance with Sections 284, 284.01, and 285
of the Constitution of Alabama of 2022, and the election laws
of this state. The appropriate election official shall assign
a ballot number for the proposed constitutional amendment on
the election ballot and shall set forth the following
description of the substance or subject matter of the proposed
constitutional amendment:
"Relating to Covington County, proposing an amendment
to the Constitution of Alabama of 2022, to authorize the Judge
of Probate of Covington County to exercise equity jurisdiction
concurrent with that of the circuit court in cases originally
filed in the Probate Court of Covington County if the judge of
probate is licensed to practice law in the State of Alabama.
Proposed by Act ____."
This description shall be followed by the following
language:
"Yes( ) No( )."
Section 3. The proposed amendment shall become valid as
part of the Constitution of Alabama of 2022, when approved by
a majority of the qualified electors voting thereon.
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HB84 Enrolled
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a majority of the qualified electors voting thereon.
________________________________________________
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 20-Jan-26.
John Treadwell
Clerk
Senate 22-Jan-26 Passed
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