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AL HB228
Bill
Status
3/2/2021
Primary Sponsor
Charlotte Meadows
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AI Summary
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Proposes a constitutional amendment requiring the Judge of Probate of Montgomery County to be an attorney licensed to practice law in Alabama, effective upon election or appointment of any judge of probate after ratification.
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Authorizes the Judge of Probate of Montgomery County to exercise equity jurisdiction concurrent with circuit courts in cases originally filed in Probate Court, but only if the judge is a licensed attorney.
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Grants the probate judge the same power and authority as a circuit court judge in equity cases, with cases treated identically to those filed in circuit court.
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Makes the Alabama Rules of Civil Procedure applicable to these cases, except as otherwise specifically provided by law.
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Declares the amendment self-executing but allows the Legislature to enact additional implementing laws if needed.
Legislative Description
Montgomery Co., judge of probate, required to be an attorney, equity jurisdiction under certain conditions, const. amend.
Constitutional Amendments
Last Action
Read for the first time and referred to the Senate committee on Local Legislation
3/3/2021