Senate Bill 343 Alabama 2026 Session

Summary

Primary Sponsor

David SessionsSenator

Republican

Session

2026 Regular Session

Title

Mobile County; temporary judges of probate, appointment amended

Summary

The bill would let Mobile County temporarily appoint probate judges to keep the court running when the elected judge is unavailable, with specific rules on who can be appointed, how long they can serve, and how they are paid.

What This Bill Does

It authorizes the presiding circuit court judge to appoint a temporary probate judge if the regular probate judge is incompetent, incapacitated, absent, sick, or disqualified. It also allows additional temporary judges to handle calendar congestion, complex cases, long trials, or heavy caseloads, with terms up to 90 days and a maximum of 100 days per fiscal year; appointments end when a second probate judge is authorized or a successor is elected/appointed. Temporary judges have full probate authority and their decisions are recorded in court records; the regular judge and their bond are not responsible for the temporary judge’s acts. Temporary judges must take an oath and post a bond of at least $10,000 (bond terms may be set by the appointing judge for certain appointments) and receive compensation equal to 90% of the regular judge’s pay, with no extra benefits. The bill also creates a special 'single-case' probate judge option for use in a specific case, who is paid $50 per day and does not need a bond. The act takes effect June 1, 2026.

Who It Affects

• Mobile County's regularly elected Judge of Probate: may have temporary judges appointed to perform duties when the regular judge is unable to serve; continuity of court operations is maintained.
• Licensed attorneys practicing in Mobile County who are learned in the law: may be appointed as temporary probate judges (or as special judges for single cases) and must meet oath and bond requirements; they are compensated under the bill's terms.
• Mobile County probate court and its clients: benefits from continued operation and official handling of probate matters when the regular judge is unavailable, with established processes for temporary appointments and case-specific judges.

Key Provisions

• Authorizes appointment of a temporary probate judge when the regular judge is incompetent, incapacitated, absent, sick, or disqualified.
• Allows additional temporary judges for calendar congestion, case complexity, long trials, or caseload management; each appointment limited to 90 days and not exceeding 100 days in a fiscal year.
• Appointments terminate when a second probate judge is authorized and assumes duties or at the end of the first regular session after a successor to the current judge is elected/appointed (whichever comes first).
• Temporary judges have full jurisdiction and authority of the probate judge; their acts are recorded and subject to revision or appeal; regular judge and their bond are not responsible for the temporary judge’s acts.
• Temporary judges must take an oath and post a bond of at least $10,000 (bond terms set by the appointing judge for certain appointments). They are paid 90% of the regularly elected judge’s pay and receive no additional benefits.
• A process for assigning a special disinterested attorney as a special probate judge for a single case, with the special judge having full authority but no bond requirement and no liability for acts of the special judge.
• Special probate judge compensation for single-case service is $50 per day.
• Effective date: 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