SB38 Summary

• Amends Sections 12-11A-2 and 12-11A-4 of the Code of Alabama 1975 to expand eligibility for private judges to include former or retired probate court judges.

• Requires former or retired judges serving as private judges to have at least six consecutive years of judicial service and meet existing requirements including Alabama bar membership and residency.

• Authorizes former or retired probate judges to serve as private judges in probate cases that are removed to the circuit court, extending an existing practice previously limited to district and circuit court judges.

• Applies Alabama Rules of Civil Procedure to all private judge proceedings, with private judges maintaining full jurisdiction including post-trial and appellate matters, and all proceedings filed as public court records.

• Becomes effective on the first day of the third month following passage and approval by the Governor.