SB343 Alabama 2026 Session

Summary

Primary Sponsor

David SessionsSenator

Republican

Session

2026 Regular Session

Title

Mobile County; temporary judges of probate, appointment amended

Summary

This bill allows Mobile County to use temporary and special probate judges to handle probate court duties when the elected judge is unavailable or needs help, with rules on appointment, duration, and pay.

What This Bill Does

The bill amends Section 45-49-85.42 to let the presiding circuit judge appoint a temporary probate judge if Mobile County's regularly elected judge is incompetent, incapacitated, absent, sick, or disqualified. It also lets the probate judge appoint temporary judges to work alongside them when calendars are crowded, cases are complex, or a long trial is possible, with each appointment limited to 90 days and not to exceed 100 days in a fiscal year; the authority ends when a second probate judge is authorized or a successor takes office. Temporary judges have the same powers as the probate judge, their decisions are recorded in the probate court records, and the regularly elected judge or their bond is not responsible for the acts of the temporary judges. The bill requires temporary judges to take an oath and post a bond of at least $10,000 (bond amount fixed by the presiding circuit judge, except for those appointed by the probate judge under subdivision (a)(2), whose bond is fixed by him or her); they receive pay equal to 90% of the regular judge's pay, creates a special probate judge for disqualified cases paid $50 per day with no bond, and the act takes effect June 1, 2026.

Who It Affects

• Regularly elected Mobile County Judge of Probate — may be temporarily replaced or assisted and remains salaried; not responsible for acts of temporary judges
• Presiding judge of Mobile County circuit court — appoints temporary probate judges and sets bond requirements
• Temporary probate judges — appointed to serve with or in place of the judge of probate; have the same jurisdiction and duties as the probate judge; paid 90% of the regular judge's pay
• Special probate judge — appointed for single cases when the probate judge is disqualified; paid $50 per day; no bond required
• Bond/insurance arrangements — the regular judge’s bond is not responsible for acts of temporary judges
• Mobile County probate court users — may experience more continuous operation and less disruption during judge absences or heavy caseloads

Key Provisions

• Amends 45-49-85.42 to authorize temporary probate judges in Mobile County when the regularly elected judge is unavailable or disqualified.
• Allows concurrent temporary appointments for calendar congestion or complex cases with 90-day limits and a cap of 100 days per fiscal year; termination conditions described.
• Temporary judges have the same jurisdiction as the probate judge; their judgments are recorded with the same force as those of the probate court; the regular judge and their bond are not responsible for acts of temporary judges.
• Requires oath and bond of temporary judges (minimum $10,000; bond amount fixed by presiding judge, except for those appointed by the probate judge under (a)(2)); compensation at 90% of the regular judge's pay; creates a special probate judge for single cases paid $50 per day with no bond.
• Provides for a special probate judge to handle disqualified proceedings without bond; offers cost provisions for the special judge; does not diminish salary or benefits of the regular probate judge.
• Effective date: June 1, 2026.

AI-generated summary using openai/gpt-5-nano-2025-08-07 on Apr 1, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Mobile County