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AL HB228

Bill

Status

Engrossed

3/2/2021

Primary Sponsor

Charlotte Meadows

Click for details

Origin

House of Representatives

Regular Session 2021

AI Summary

  • 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.

  • 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.

  • 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.

  • Makes the Alabama Rules of Civil Procedure applicable to these cases, except as otherwise specifically provided by law.

  • 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

Committee Referrals

Local Legislation3/3/2021
Montgomery County Legislation2/2/2021

Full Bill Text

No bill text available