This bill amends Section 45-49-85.42 of the Code of Alabama 1975 to clarify the appointment process for temporary judges of probate in Mobile County. It specifies that if the regularly elected Judge of Probate is unable to perform their duties due to incompetency, incapacity, absence, or disqualification, the presiding judge of the circuit court will appoint an individual learned in the law to serve as a temporary judge. The bill replaces the term "a person" with "an individual" and modifies the language regarding the resumption of duties by the elected judge, changing "forthwith" to "immediately." Additionally, it allows the Judge of Probate to appoint temporary judges for reasons such as calendar congestion or complex issues, with a maximum term of 90 days, and stipulates that these judges can serve multiple successive terms but not exceed 100 days in a fiscal year.

Furthermore, the bill introduces provisions for special judges of probate to be appointed in cases where the elected judge is disqualified. It clarifies that these special judges will have the same authority as the regular judge and will not be required to give a bond. Compensation for special judges is set at $50 per day, and the bill ensures that the regularly elected judge and their surety are not liable for the actions of temporary or special judges. The act is set to take effect on June 1, 2026.

Statutes affected:
Introduced: 45-49-85