SB58 Alabama 2017 Session

Updated Feb 27, 2026

Low Interest

Summary

Primary Sponsor: Cam Ward
Republican
Session: Regular Session 2017
Title: Judge of probate, counties where judge is an attorney, probate court to have same contempt powers as circuit court, Sec. 12-13-9 am'd.
Summary: SB58 would give probate judges who are lawyers in Alabama counties the same civil contempt powers as circuit court judges.
What This Bill Does
The bill amends Section 12-13-9 so that when the probate judge is a licensed attorney, that judge has the same power to punish civil contempt as circuit court judges (per applicable law and common practice). It maintains the probate court’s ability to issue show-cause orders and punish contempts with a fine up to $20 and up to 24 hours in jail. The enhanced power is aligned with circuit court standards such as Section 12-11-30 or other law. The act becomes effective immediately after the governor signs it.

Who It Affects
Probate judges in counties where the judge of probate is a licensed attorney, who would gain civil contempt powers equivalent to circuit court judges.
Individuals appearing before those probate courts (e.g., executors, administrators, guardians, and other parties) who could be subject to civil contempt under the probate court proceedings in counties with an attorney probate judge.

Key Provisions
Amends Section 12-13-9 to grant the probate judge the same civil contempt powers as circuit court judges when the judge of probate is a licensed attorney.
Retains the probate court’s existing authority to issue show-cause orders and punish contempt with a fine up to $20 and up to 24 hours of imprisonment, where applicable.
Specifies that the enhanced contempt powers reference Section 12-11-30 or other relevant law and common-law authority for circuit courts.
Effective date: immediate upon the governor’s 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