Follow Up on the Probate Judge /Attorney Issue
Topic:
At next Monday night’s meeting, the Elmore County Commission is scheduled to hear from Judge John Enslen concerning proposed legislation with regards to qualifications of future candidates for probate judge. It is my understanding he will request the Commission support legislation to be placed on the ballot in 2018, in Elmore County. The proposed legislation would expand the powers of the Probate Judge in cases that originate in Probate Court and would also require starting in 2025 all future candidates for Probate Judge to be a license attorney.
First let me diffuse a rumor. The proposed legislation IS NOT asking the legislative delegation to introduce legislation that would actually mandate the probate judge be a licensed attorney. The proposed legislation if passed by the legislature would pose that question to the voters of Elmore county. If passed by the legislature the issue would be put to a vote in 2018.
Second, after reviewing the proposed legislation these are my best interpretations of the changes that would be enacted if the proposed legislation is passed by the legislature and approved by the voters.
- Under current law, if a case is filed in Probate Court and during the proceedings certain legal issues arise that the Probate Judge cannot legally rule on, then a case has to be filed in Circuit Court and a Circuit Judge has to rule on that specific issue. Then the Circuit Judge’s ruling is sent back to the Probate Court case to proceed forward. The proposed legislation would allow the Probate Judge to rule on those issues and the case would be handled totally in Probate Court.
- Since the powers of the Probate Judge would be expanded and similar to the authorities of a Circuit Judge, then any person elected Probate Judge would be required to be a licensed attorney.
The same changes in the proposed legislation have been given to the Probate Judge in 4 other counties in Alabama. As the representative of the people in District 4, I feel it is my responsibility in situations related to how the government “governs” or expands the powers of the government that the voters should determine the merits of the proposed changes and make the ultimate decision. However, we should exercise due diligence to ensure issues proposed are valid and prudent issues before putting through a lengthy legislative and ballot process.
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