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Covington commissioners back drafting resolution to pursue probate equity-jurisdiction amendment
Summary
The commission voted to draft a resolution supporting a proposed constitutional amendment that would let a licensed probate judge hear certain cases through to final resolution; the measure would go to voters if advanced.
Covington County commissioners voted to draft a resolution supporting a proposed constitutional amendment that would give the county probate judge equity jurisdiction to decide certain cases that originate in probate court and would otherwise be transferred to circuit court.
Supporters said the change would speed cases that originate in probate court by allowing the same judge — when that judge is a licensed attorney — to hear the matter through to conclusion rather than requiring a separate filing in circuit court.
Morby, who explained the proposal at the meeting, said the amendment would apply only when the county’s probate judge is a licensed attorney and that the measure must go to county voters if the commission forwards it. “If it was appropriate for probate court and it originated in probate court … the Covington County probate judge is a licensed attorney, then that judge would be able to have jurisdiction over the case to its conclusion,” Morby said. The presenter said possible benefits include faster resolution and potential cost savings from avoiding duplicate filings and fees.
Judge Brooks was identified in discussion as willing to carry the matter to the legislative committee. The commission’s vote included instruction to draft a resolution of support to forward to those legislative channels.
Commissioner Tommy made the motion to move forward with drafting a resolution of support; the motion was seconded and approved by voice vote.
