The proposed amendment to the Constitution of Alabama of 2022 seeks to establish specific qualifications and jurisdiction for the Judge of Probate in Morgan County. The amendment stipulates that the Judge of Probate must be an attorney licensed to practice law in Alabama, effective from the term of office following the ratification of this amendment. Additionally, it grants the Judge of Probate the authority to exercise equity jurisdiction concurrently with the circuit court in cases originally filed in the Probate Court, provided the judge is licensed to practice law. This means that the Judge of Probate will have the same powers as a circuit court judge in these cases, and the Alabama Rules of Civil Procedure will apply, unless otherwise specified by law.
The amendment is self-executing, allowing for the possibility of additional legislative measures to implement it if necessary. An election will be held to determine the approval of this amendment, with a ballot description indicating the requirement for the Judge of Probate to be a licensed attorney and the concurrent jurisdiction with the circuit court. The amendment will be incorporated into the Constitution of Alabama of 2022 upon receiving majority approval from qualified voters. The bill also includes provisions for nonsubstantive revisions by the Code Commissioner to ensure consistency and clarity in the legal text.