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 would extend the period a temporary probate judge can serve in Houston County, cap and manage how many days they hear cases, expand who can be appointed, adjust how they are paid, and clarify liability and effectiveness.

What This Bill Does

The bill lets the Houston County Judge of Probate appoint temporary probate judges to handle calendar congestion and complex cases. Each temporary judge can serve in 90- to 180-day increments, and may be reappointed for successive periods, but cannot preside over more than 200 hearing days in a fiscal year. It allows licensed Alabama attorneys or court employees to be temporary judges, sets pay of $50-$100 per hearing (if not an employee), and states that the regular judge and bond surety are not responsible for acts of temporary judges or court staff. It also makes temporary judges' decisions part of probate court records and subject to the usual review and appeals, and it takes effect October 1, 2026.

Who It Affects

• Temporary probate judges (including lawyers licensed in Alabama and court employees who may be appointed) who would hear hearings and be compensated under the bill.
• The Houston County Judge of Probate and the court's bond principals, who would be relieved of liability for acts of temporary judges and court staff during their tenure.

Key Provisions

• Allows the Probate Judge of Houston County to appoint temporary judges to handle calendar congestion, complex issues, long trials, or caseload management.
• Sets a maximum term for a temporary appointment at 90-180 days, with successive periods allowed but not exceeding 200 hearing days in a fiscal year.
• Eligible temporary judges include any qualified Alabama attorney licensed to practice law in the state or, if applicable, court staff employees.
• Compensation for temporary judges is $50-$100 per hearing, paid from the judge's discretionary fund unless the appointee is a court employee (in which case no separate pay plan applies).
• Temporary judges have full jurisdiction and their orders are recorded in the probate court and subject to revision or appeal; regular judge and bond surety are not liable for acts of temporary judges or court staff.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Houston County