Alabama 2024 Regular Session

Alabama House Bill HB109

Introduced
2/6/24  
Introduced
2/6/24  
Report Pass
2/20/24  
Refer
2/6/24  
Refer
2/21/24  
Report Pass
2/20/24  
Report Pass
4/9/24  
Refer
2/21/24  
Enrolled
4/30/24  
Report Pass
4/9/24  
Enrolled
4/30/24  
Passed
4/30/24  

Caption

Houston Co., judge of probate, age to qualify for election or appointment increased to age 75, constitutional amendment

Impact

If enacted, HB109 would amend the constitutional provisions concerning the age threshold for probate judges, specifically for Houston County. This legislative change may lead to a more diverse range of candidates, including those who are older and potentially more experienced, as they would no longer be disqualified solely based on age. Such a shift could enhance the judiciary's responsiveness to community needs, attracting qualified individuals who may have previously been excluded from consideration due to the stringent age limit.

Summary

House Bill 109 proposes a constitutional amendment that allows a person to be elected or appointed as the probate judge of Houston County, Alabama, as long as they are not over the age of 75 at the time of qualifying for election or appointment. This amendment seeks to change the current age restriction outlined in Section 155 of the Constitution of Alabama of 2022, which imposes stricter age limits on such appointments, therefore expanding the pool of potential candidates for this position. As a result, it aims to provide greater flexibility in judicial appointments within the county.

Sentiment

The discussions surrounding HB109 appear to be largely supportive, with legislators acknowledging the benefits of allowing older candidates to participate in the judicial process. The general sentiment reflects a recognition that experience and wisdom often accompany age, suggesting that older candidates could bring valuable insights to the role of probate judge. However, there may still be underlying concerns regarding the implications of relaxing age restrictions in other contexts, fostering a debate about the balance between youth and experience in public service.

Contention

While there seems to be consensus on the intent of HB109, a key point of contention could arise regarding the potential effects on the judiciary's effectiveness and public perception of aging in public office. Critics might argue that increasing the age limit could lead to diminishing returns in terms of mental agility and the capability of candidates. This highlights the delicate balance that legislatures must navigate when amending constitutional provisions related to qualifications for public office, particularly those that involve judicial responsibilities.

Companion Bills

No companion bills found.

Previously Filed As

AL HB106

Dale County, judge of probate, age limit to be elected increased to age 75, constitutional amendment

AL HB395

Morgan County, qualifications of judge of probate further provided for, Constitutional Amendment

AL SB40

Elections, provide for election of associate justices of the Supreme Court and judges of the appellate courts, constitutional amendment.

AL HB132

Baldwin County, constitutional amendment requiring the probate judge to be a licensed attorney and expanding the probate judge's jurisdiction

AL HB450

Judges, eligibility to be elected or appointed further provided for, constitutional amendment

AL HB112

(Constitutional Amendment) Provides relative to the election and selection of judges

AL HJR106

Proposing a constitutional amendment on the qualifications for district judges.

AL HB400

District Attorneys; salary increased during term of office authorized; Constitutional Amendment

AL HB259

Judge of probate of each county to conduct post-election audit.

AL SJR28

Constitutional amendment; modifying procedure for appointment of justices and judges.

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