House Bill 576 Alabama 2026 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Session

2026 Regular Session

Title

Mobile County; temporary judges of probate, appointment amended

Summary

HB576 changes Mobile County probate court rules to allow temporary and special probate judges to handle cases when the elected judge is unavailable or when caseload is heavy, with defined appointments, duties, and pay.

What This Bill Does

The bill allows appointing temporary probate judges when the regular judge is incompetent, incapacitated, absent, ill, or disqualified; it also lets the probate judge appoint temporary judges to clear calendars or manage complex cases. Temporary judges have full probate authority and their rulings are treated like those of the probate judge, with appeals or revisions possible. Appointments are limited to 90 days at a time and not more than 100 days in a fiscal year, and end when a second probate judge is authorized or after the session specified for successors; temporary judges must take an oath, post a bond of at least $10,000, and are paid 90% of the regular judge’s pay with no extra benefits. There is also a special-probate-judge option for a single case if the regular judge is disqualified, where the special judge gets $50 per day and does not require a bond.

Who It Affects

• Regular Judge of Probate of Mobile County and the presiding circuit court judge who appoint temporary or special probate judges and certify incapacity or resume duties
• Temporary and special probate judges, who gain jurisdiction to hear cases, a defined term limit, oath and bond requirements, and specified pay; attorneys who may serve as special judges receive $50 per day

Key Provisions

• Allows appointment of temporary probate judges when the regularly elected judge is incompetent, incapacitated, absent, ill, or disqualified; presiding circuit judge appoints; regular judge resumes duties when certified no longer incompetent.
• Allows probate judge to appoint temporary judges to handle calendar congestion or complex cases; appointments limited to 90 days each, may be renewed for successive 90-day periods but not exceeding 100 days in a fiscal year; ends when a second probate judge is authorized or after the first regular session after the election/appointment of a successor serving on June 14, 2007, whichever occurs first.
• Temporary judges have full jurisdiction and authority; judgments, orders, and decrees are entered as probate court decisions and are subject to revision or appeal; regular judge or their bond surety not responsible for acts of temporary judges or court staff.
• Temporary judges take an oath and post a bond of at least $10,000 (bond set by presiding circuit court judge, except for those appointed under a(2) provision where the bond is set by the probate judge).
• Temporary judges are paid 90% of the regular probate judge’s compensation; no additional benefits beyond salary; special judges for single cases receive $50 per day; no bond required for special judges.
• Special probate judges may be appointed for a single case if the regular judge is disqualified; the special judge has the same jurisdiction and duties as the probate judge; no bond required; acts of the special judge are not the responsibility of the regular judge or their bond.
• Section 2: The act becomes effective June 1, 2026.

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

Subjects

Mobile County