HB370 Alabama 2020 Session

Under existing law, the circuit courts of this state have jurisdiction over equitable matters

This bill would propose an amendment to the Constitution of Alabama of 1901, which would allow the Judge of Probate of Walker County to exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Walker County if the judge of probate is a member of the Alabama State Bar

Proposing an amendment to the Constitution of Alabama of 1901, to allow the Judge of Probate of Walker County to exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Walker County if the judge of probate is a member of the Alabama State Bar.

Section 1

The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled: PROPOSED AMENDMENT The Judge of Probate of Walker County may exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Walker County if the judge of probate is a member of the Alabama State Bar. In any case subject to this amendment, the judge of probate shall possess the power and authority of a circuit court judge trying the case and the case shall be treated in all respects in the same manner as a case filed in circuit court. The Alabama Rules of Civil Procedure shall apply in the cases except as otherwise specifically provided by law. This amendment is self-executing, but the Legislature may enact additional laws to implement this amendment if needed.

Section 2

An election upon the proposed amendment shall be held in accordance with Section 284 and Section 284.01 of the Constitution of Alabama of 1901, now appearing as Section 284 and Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

Relating to Walker County, proposing an amendment to the Constitution of Alabama of 1901, to allow the Judge of Probate of Walker County to exercise equity jurisdiction concurrent with that of the circuit court in cases originally filed in the Probate Court of Walker County if the Judge of Probate is a member of the Alabama State Bar. Proposed by Act _________." This description shall be followed by the following language:

Yes ( ) No ( )."