HB138 Alabama 2020 Session
Summary
- Primary Sponsor
April WeaverSenatorRepublican- Session
- Regular Session 2020
- Title
- Bibb Co., judge of probate authorized to exercise equity jurisdiction under certain conditions, const. amend.
- Summary
A constitutional amendment to let Bibb County's Judge of Probate, if they are a member of the Alabama State Bar, hear equity cases in Bibb Probate Court with the same authority as a circuit court judge.
What This Bill DoesIf approved, the Bibb County Judge of Probate may exercise equity jurisdiction concurrent with the circuit court for cases originally filed in the Bibb County Probate Court, provided the judge is a member of the Alabama State Bar. In those cases, the probate judge would have the powers of a circuit court judge and the case would be treated the same as a circuit court case, with the Alabama Rules of Civil Procedure applying unless otherwise specified by law. The amendment is self-executing, but the Legislature may pass additional laws to implement it.
Who It Affects- Bibb County Judge of Probate who is a member of the Alabama State Bar gains concurrent equity jurisdiction and circuit-court-like authority for probate cases filed in Bibb Probate Court.
- People with cases filed in Bibb County Probate Court would have their cases heard under circuit court-like procedures and authority when the probate judge exercises this jurisdiction.
Key ProvisionsAI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.- The Judge of Probate of Bibb County may exercise equity jurisdiction concurrent with the circuit court in cases originally filed in the Bibb County Probate Court if the judge is a member of the Alabama State Bar.
- In such cases the probate judge has the powers and authority of a circuit court judge, the case is treated as a circuit court case, and the Alabama Rules of Civil Procedure apply unless otherwise provided by law; the amendment is self-executing, with possible additional implementing laws from the Legislature.
- Subjects
- Bibb County
Bill Actions
Delivered to Secretary of State at 4:40 p.m. on May 7, 2020.
Clerk of the House Certification
Assigned Act No. 2020-91.
Signature Requested
Enrolled
Passed Second House
Chambliss motion to Miscellaneous adopted Roll Call 545
Motion to Read a Third Time and Pass adopted Roll Call 544
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Local Legislation
Motion to Local Application adopted Roll Call 92
Motion to Read a Third Time and Pass adopted Roll Call 91
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Local Legislation
Bill Text
Votes
Motion to Local Application
Motion to Read a Third Time and Pass
Chambliss motion to Miscellaneous
Documents
Source: Alabama Legislature