SB397 Alabama 2017 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2017

Title

Probate judge, appointment of special judge by Chief Justice upon suspension, removal, or disqualification of sitting judge, Sec. 12-13-37 am'd.

Summary

The bill lets the Alabama Supreme Court appoint a temporary special probate judge to handle probate matters when the sitting probate judge is unavailable.

What This Bill Does

It amends Section 12-13-37 to allow the Alabama Supreme Court to appoint a special probate judge when a probate judge cannot perform duties due to incompetence, absence, suspension, illness, or other disqualification. The appointment occurs after the judge certifies the issue to the Chief Justice, who then selects a qualified probate judge to act as the special probate judge for the relevant matter. The special probate judge has the same jurisdiction and authority as the probate judge, and their judgments have the same force, though they can be reviewed on appeal. The bill does not apply to situations where there is a vacancy in the probate judge’s office, and it becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Probate judges and probate court staff, who would follow a new process to appoint a temporary special probate judge when the sitting judge is unavailable.
• People involved in probate proceedings (such as heirs, executors, or beneficiaries) whose cases could be heard and decided by a special probate judge with the same authority as the sitting judge.

Key Provisions

• Amends Section 12-13-37 to authorize the appointment of a special probate judge by the Alabama Supreme Court when a probate judge is unable to perform duties due to incompetency, absence, suspension, sickness, or disqualification.
• Requires certification of the judge's incapacity or disqualification to the Chief Justice, who then appoints a qualified special probate judge to handle the matter for the period of disqualification.
• Grants the special probate judge the same jurisdiction and authority as the probate judge for the relevant matter, with judgments and decrees having the same force and subject to appeal.
• Excludes situations involving vacancy in the probate judge's office (not covered by this act).
• Effective date: the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Judge, Probate