SB38 Alabama 2018 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2018

Title

Judges, private, types of cases expanded, Secs. 12-11A-2, 12-11A-4 am'd.

Summary

The bill allows 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 expands the private-judge option to include probate judges who have served six consecutive years, are licensed Alabama attorneys in good standing, and are Alabama residents. Appointment requires a written petition by all parties naming the private judge and the judge's consent, and the case must be one within the former judge's jurisdiction involving domestic relations, contract, or tort. A private judge will conduct the trial without a jury, have the same powers as a circuit court judge for that case, and its proceedings will be public records governed by the Alabama Rules of Civil Procedure, with appeals following circuit court procedures. The private judge also has immunity comparable to a state judge.

Who It Affects

• Former or retired probate judges who meet the specified requirements and may serve as private judges.
• Parties to probate cases that are removed to the circuit court, who may petition for a private judge chosen from eligible former judges (with consent).

Key Provisions

• Adds former or retired probate judges who meet specified requirements to the pool of people who may act as private judges in certain cases.
• Eligibility criteria include at least six consecutive years of judicial service, active Alabama law license, good standing with the Alabama State Bar, and Alabama residency.
• Appointment process requires all parties to file a petition with the circuit clerk naming the proposed private judge and providing that judge's consent; case must be within the former judge's jurisdiction and involve domestic relations, contract, or tort (CV/DR case).
• A private judge conducting probate cases removed to circuit court will have the same powers as a circuit court judge for the case, and trials will be without a jury.
• Private judge proceedings are of record, publicly accessible, and subject to the Alabama Rules of Civil Procedure; appeals follow the same path as circuit court appeals.
• The private judge has immunity equivalent to that of a state judge.
• Effective date: the act becomes law on the first day of the third month after passage.

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