House Bill 355 Alabama 2026 Session

Summary

Primary Sponsor

Paul W. LeeRepresentative

Republican

Session

2026 Regular Session

Title

Houston County; temporary judge of probate service period extended, compensation of temporary probate judge revised

Summary

HB355 extends how long a temporary probate judge can serve in Houston County, expands who can be appointed, and revises compensation and related rules.

What This Bill Does

The bill allows the Houston County Judge of Probate to appoint temporary probate judges to handle calendar congestion or complex cases. Each temporary appointment can last up to 180 days and may be renewed in successive 90- or 180-day periods, with a total not exceeding 200 days in a fiscal year. It broadens eligibility to include any state-licensed attorney employed by the court, and clarifies that temporary judges' decisions are subject to revision or appeal. It sets per-hearing compensation (amounts shown) payable from the discretionary fund, unless the temporary judge is a court employee, in which case they do not receive compensation under the county pay plan. The act becomes effective October 1, 2026.

Who It Affects

• Houston County Judge of Probate – gains authority to appoint and manage temporary probate judges within new time limits.
• Licensed attorneys who are court employees – may be appointed as temporary probate judges and would not receive separate compensation under the county pay plan.
• Licensed attorneys who are not court employees – may be appointed as temporary probate judges and would be compensated per hearing from the discretionary fund.
• Probate court participants (people with probate cases in Houston County) – hearings may be presided over by temporary judges, with orders subject to revision or appeal.
• Houston County residents paying for probate services – potential effects on scheduling efficiency and court processes due to extended term lengths and renewals.

Key Provisions

• Temporary judge appointments may be made to serve concurrently with the elected judge for calendar congestion, case complexity, long trials, or caseload management.
• Term limits: a single temporary appointment shall not exceed 180 days; appointments may be renewed in successive 90- or 180-day periods, but total days in a fiscal year cannot exceed 200.
• Eligibility and duties: any qualified state-licensed attorney employed by the court may be appointed; temporary judges have full jurisdiction and authority, and their judgments and orders are subject to revision or appeal.
• Liability protection: the regular judge of probate and the bond surety are not responsible for acts or failures of the temporary judge or court employees during the temporary tenure.
• Compensation: temporary judges are paid per hearing (amounts shown) from the discretionary fund, unless the temporary judge is an employee of the court, in which case the employee does not receive compensation under the county pay plan.
• Effective date: the act becomes effective on October 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Feb 19, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Houston County