Section 45-51-84.20 - Temporary judges of probate(a) The Judge of Probate of Montgomery County may appoint from the qualified electors of Montgomery County 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, 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 shall be bonded and 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 Judge of Probate of Montgomery County may appoint a classified service employee of the court, or the unclassified service employee holding the position of chief probate clerk, if the employee is licensed to practice law in this state, to be a temporary judge of probate.(b) 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. Compensation for temporary judges of probate shall be the same as enumerated in Section 22-52-10.6, unless the temporary judge of probate is a duly qualified classified service employee of the court, or the duly qualified unclassified service employee occupying the position of chief probate clerk in which case the employees shall not receive any compensation in addition to their regular compensation under the pay plan established by the rules of the Montgomery City-County Personnel Board.Ala. Code § 45-51-84.20 (1975)
Acts 2002-291, p. 603, § 1; Act 2009-459, p. 801, § 1.