HB383 Alabama 2018 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

Regular Session 2018

Title

Private judges, to expand types of cases private judges can hear, Secs. 12-11A-2, 12-11A-4 am'd.

Summary

HB 383 would allow former or retired probate judges who meet certain qualifications to serve as private judges in probate cases that are removed to the circuit court.

What This Bill Does

It adds probate judges to the pool of people who can act as private judges, provided they have at least six years as a judge and meet bar and residency requirements. Cases eligible for private judges include those with domestic relations, contract, or tort issues that are moved from probate to circuit court; all parties must agree on the private judge and consent. The private judge would hear the case without a jury, have the same powers as a circuit court judge, and its proceedings would be public records with appeal rules the same as circuit court.

Who It Affects

• Former or retired probate judges who meet the specified requirements can serve as private judges in certain probate cases removed to circuit court
• Parties to probate cases moved to circuit court under this process, who must petition for a private judge and would have hearings conducted by a private judge with rights and procedures similar to circuit court

Key Provisions

• Adds former/retired probate judges, meeting requirements (six consecutive years as judge, Alabama law license, active good standing, Alabama resident), to be eligible to act as private judges
• Private judge appointment requires written petition by all parties, consent of the selected private judge, and that the case falls within court's subject matter and monetary jurisdiction and is based on domestic relations, contract, or tort (CV or DR case) as assigned
• Trial by private judge is without a jury and the private judge has full circuit-court-like powers (procedure, decision, witness attendance, contempt, enforcement, oaths, record authentication)
• Private judge proceedings are of record, filed with the circuit court clerk, and publicly accessible; Alabama Rules of Civil Procedure apply; appeals proceed like circuit court appeals
• Effective date: the act takes effect on the first day of the third month after passage/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

Judges