SB171 Alabama 2018 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Session

Regular Session 2018

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

SB 171 would allow the Alabama Supreme Court to appoint a temporary probate judge to handle duties when a sitting probate judge is suspended, absent, or otherwise disqualified.

What This Bill Does

The bill lets the Alabama Supreme Court appoint a special probate judge to perform the duties of the probate judge when the sitting judge cannot act due to incompetency, absence, suspension, sickness, or disqualification. The special probate judge has the same authority to decide cases in the probate matter, and their judgments and orders become part of the court record and can be appealed. The provision does not apply if there is a vacancy in the probate office. If enacted, the law would take effect on the first day of the third month after its passage and the governor's approval.

Who It Affects

• Sitting probate judges: may be temporarily replaced by a special probate judge when they are unable to perform duties due to suspension, illness, absence, incompetence, or disqualification.
• People involved in probate court cases: cases can be heard and decided by the special probate judge during the period of disqualification, with decisions carrying the same legal effect and subject to appeal.

Key Provisions

• Amends Section 12-13-37 to authorize the Alabama Supreme Court to appoint a special probate judge when a probate judge is incompetent, absent, suspended, sick, or disqualified.
• The special probate judge has the same jurisdiction and authority as the probate judge for the relevant matter; their judgments and orders are entered as normal court records and may be appealed or revised.
• Excludes this provision in the event of a vacancy in the probate office (per Section 12-13-32).
• Effective date: becomes law on the first day of the third month after passage and 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