The bill amends Section 45-49-85.42 of the Code of Alabama 1975 to provide clearer guidelines for the appointment of 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 multiple temporary judges concurrently when necessary due to calendar congestion or other factors, with a maximum term of 90 days for each appointment.

Furthermore, the bill clarifies the responsibilities and authority of temporary judges, stating that their judgments will have the same force and effect as those of the elected judge. It also introduces provisions for special judges to be appointed in cases where the elected judge is disqualified, ensuring that these special judges are not required to give bond and that the elected judge is not liable for their actions. Compensation for temporary judges is set at 90 percent of the elected judge's salary, while special judges will receive $50 per day for their services. The act is set to take effect on June 1, 2026.

Statutes affected:
Introduced: 45-49-85
Enrolled: 45-49-85