HB111 By Representatives Fridy, Rowe, Mooney, Hill (M) and Weaver RFD Judiciary Rd 1 03-FEB-16

SYNOPSIS: Under existing law, in certain counties where the judge of probate is required to be an attorney or is an attorney, the probate court has concurrent equity jurisdiction with the circuit court in cases originally filed in probate court such as estate administration, trust administration, guardianship, and conservatorship proceedings.

This bill would provide in those cases, the probate court would have the same power to punish for civil contempt as granted to the judges of the circuit courts.

A BILL TO BE ENTITLED AN ACT

Relating to the judges of probate in counties where a probate court of the county has concurrent equity jurisdiction with the circuit court of the county; to amend Section 12-13-9 of the Code of Alabama 1975, to provide that the judge of probate would have the same power to punish for civil contempts as judges of the circuit courts.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 12-13-9 of the Code of Alabama 1975, is amended to read as follows:

§12-13-9.

"(a) The probate court may issue show cause orders and attachment for contempts offered to the court or its process by any executor, administrator, guardian or other person and may punish the same by fine not exceeding $20.00 and imprisonment not exceeding 24 hours, or both.

"(b) In all cases or other proceedings in the probate court of a county which has concurrent equity jurisdiction with the circuit court of the county, the judge of probate shall have the same power to punish for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30 or otherwise or by the common law of this state."

Section 2. All laws or parts of laws which conflict with this act are repealed.

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Judge, Probate

Court, Probate

Civil Procedure

Court, Circuit

Code Amended