K.R. petitioned the Alabama Supreme Court for a writ of mandamus to direct the Mobile Probate Court to set aside its interlocutory order: awarding temporary custody of her biological child, E.R., to K.G.S. during the pendency of the underlying adoption proceedings; to remove J. Michael Druhan, who was serving as a temporary probate judge in this case; and to set aside the probate court's "gag" order concerning the adoption proceedings. The Supreme Court affirmed in part and reversed in part. "We have not been able to locate any law giving the clerk of the probate court the authority to appoint a temporary probate judge. As a result, Druhan was never properly appointed as a temporary probate judge. Accordingly, Druhan had no authority to enter the orders he entered, and any order entered by Druhan is void." K.R.'s petition insofar as it challenged the interlocutory order awarding custody of E.R. to K.G.S. was denied. The petition was granted insofar as it challenged Druhan's appointment as a temporary probate judge. View "Ex parte K.R." on Justia Law
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