Bill > HB395

This bill proposes a constitutional amendment specifically for Morgan County that would require the judge of probate to be a licensed attorney and expand their judicial powers. Under the proposed amendment, starting with the next term of office after ratification, the Morgan County Probate Judge must be an attorney licensed in Alabama. Additionally, if the judge is licensed to practice law, they would be granted equity jurisdiction (the power to hear cases involving fairness and justice) that is concurrent with the circuit court for cases originally filed in probate court. When exercising this expanded jurisdiction, the probate judge would have the same powers as a circuit court judge, and cases would be treated identically to circuit court cases, with the Alabama Rules of Civil Procedure applying. The amendment would become valid if approved by a majority of qualified voters in an election, where voters will see a ballot description explaining the proposed changes. While the amendment is considered self-executing, the state legislature retains the option to pass additional implementation laws if needed.

Government Affairs, Justice

https://alison.legislature.state.al.us/bill-search