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Alabama Amendment 5 strikes obsolete ‘orphans’ business’ language from probate judges’ duties

Posted on November 2, 2022 By Theatre Out No Comments on Alabama Amendment 5 strikes obsolete ‘orphans’ business’ language from probate judges’ duties

The Alabama Law Institute was created by the Legislature in 1967 to revise and clarify Alabama’s laws, including those that are obsolete.

Statewide Amendment 5 on the ballot next week is a small example of the Alabama Law Institute’s work.

Amendment 5 would remove from the Alabama Constitution a provision that says probate judges have jurisdiction over “orphans’ business.”

The listing of “orphans’ business” as a duty of probate judges is obsolete language, said David Kimberley, deputy director of the Alabama Law Institute. Kimberley said the change would have no practical impact. The amendment came from a recommendation by a committee that proposed changes to Article VI, the judicial article of the constitution.

Sen. Will Barfoot, a Republican from Montgomery, sponsored the bill proposing the amendment. The Senate and House of Representatives passed Barfoot’s bill without a dissenting vote in 2021, putting it on the ballot Tuesday.

Amendment 5 is one of 10 statewide amendments on ballots across Alabama on Tuesday.

Related: Alabama Amendment 1: Aniah’s Law adds charges for which defendants can be held without bail

Alabama amendment 2: Cities, counties could use federal funds for broadband expansion

Amendment 3 on Alabama ballot requires notice before commutation of death sentences

Alabama Amendment 4: No changes in election laws within 6 months of voting

PARCA report analyzes recompiled Alabama Constitution, other proposals on Nov. 8 ballot

Inside the Alabama Constitution of 2022: Voters to see changes on November ballot

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