(a)(1) If the regularly elected Judge of Probate of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent from sickness, or otherwise disqualified from acting as judge, the judge of probate or the chief clerk shall certify the fact of incompetency, incapacity, absence, sickness, or disqualification to the presiding judge of the circuit court of the county and the presiding judge of the circuit court, upon that certificate, shall appoint a person learned in the law, practicing and residing in the county, to act as temporary judge of probate. At any time when the regularly elected judge of probate of the county files a certificate in the office of the circuit clerk of the county that he or she is no longer incompetent, from any legal cause, incapacitated, absent, absent from sickness, or otherwise disqualified from acting as judge, then the regularly elected judge of probate of the county shall forthwith resume the office, duties, authority, and jurisdiction and all the authority and jurisdiction of the temporary judge of probate of the county appointed by the presiding judge of the circuit court of the county shall immediately terminate.
(2) In addition thereto, the Judge of Probate of Mobile County, in his or her discretion, may appoint one or more temporary judges of probate to serve contemporaneously with him or her when the elected judge of probate finds that the temporary appointments are necessary because of calendar congestion, or complexity of issues, the prospects of an unduly long trial, or caseload management. No temporary appointment shall be for a term longer than 90 days. A temporary judge of probate may be appointed for as many successive 90-day periods or fractions thereof as might be necessary, but shall not serve more than 100 days during any fiscal year. The authority granted herein for the appointment of temporary judges of probate shall terminate at such time as a second judge of probate for Mobile County is authorized and the judge so authorized assumes the duties of the office, or at the end of the first regular session of the Alabama Legislature after the election or appointment of a successor to the Judge of Probate of Mobile County serving on June 14, 2007, whichever occurs first.
(3) All temporary judges of probate shall have the jurisdiction and authority and discharge the duties of the judge of probate, and the judgments, orders, and decrees made or rendered by any of them shall be entered on the records of the probate court, and shall have the force and effect, and shall be subject to revision or appeal or by other revisory remedy, of judgments, orders, and decrees of the probate court or of the judge of probate. Neither the regularly elected judge of probate of the county, nor the surety on his or her bond, shall be responsible for any of the acts or decisions made by any temporary judge of probate, failure to act or report by any temporary judge of probate, or any of the acts or failure to act of any employee in the probate court during the tenure of any temporary judge of probate.
(b) Any temporary judge of probate provided for in this section shall take the oath directed to be taken by the officers of the state and shall give bond in the sum of not less than ten thousand dollars ($10,000) to be fixed and approved by the presiding judge of the circuit court of the county, except that the bond of those temporary judges of probate appointed by the regularly elected judge of probate shall be fixed and approved by him or her. Any temporary judge shall receive during the period served compensation based on 90 percent of the compensation paid to the regularly elected judge of probate. Temporary judges of probate shall not be entitled to any benefit for the appointments beyond the salary compensation allowed herein. Nothing in this section shall be construed to deprive the regularly elected judge of probate of the salary and benefits provided by law for the judge of probate during his or her term of office.
(c) If, in any single case or proceeding arising in the probate court of the county, or in reference to which the judge thereof is required to exercise jurisdiction or authority and the judge of probate shall for any legal cause, be disqualified to try, hear, or render judgment, he or she, or his or her chief clerk shall certify the fact of disqualification to the presiding judge of the circuit court of the county, and the judge, upon such certificate, shall appoint a disinterested person practicing in the county, learned in the law to act as special judge of the probate court of the county; and the special judge in relation to such single case or proceeding shall have the jurisdiction and authority, and discharge the duties of judge of probate, and the judgments, orders, and decrees made or rendered by him or her shall be entered on the records of the court, and shall have the force and effect, and shall be subject to revision or appeal, or by other revisory remedy, of judgments, orders, and decrees of the court of probate or the judge thereof; and the special judge of probate shall not be required to give bond, nor shall the regularly elected judge of probate or his or her surety on his or her bond be responsible for any of the acts or decisions of the special probate judge.
(d) In any single case or proceeding any attorney acting as special probate judge on the hearing and trial of any case which the judge of probate is incompetent for any legal cause or disqualified from acting shall receive as compensation for his or her services the sum of fifty dollars ($50) per day for each day he or she is actually engaged in holding such court, to be paid in the same manner as the judge of probate.
(e) No provision of this section shall be construed as a limitation of the powers or authority of the chief clerk as provided in Title 13 Section 300 of the 1940 Code of Alabama, as amended.
Last modified: May 3, 2021