Ex parte K.R., 210 So. 3d 1106

K.R. (birth mother) consulted Adoption Rocks’ director/attorney Donna Ames about placing her unborn child; pre-birth consent signed Feb 6, 2015, but K.R. did not withdraw consent before birth and later filed a withdrawal 22 days after delivery.
K.G.S. (proposed adoptive parent), represented by counsel, filed for adoption and a juvenile-court petition for emergency custody; juvenile court placed the child with K.G.S.; K.G.S. then filed a probate adoption petition.
Probate Judge Don Davis conducted the pre-birth consent hearing but later recused; the probate clerk assigned Mobile attorney J. Michael Druhan as a temporary probate judge without a certification to the presiding circuit judge or Chief Justice.
Druhan entered interlocutory orders: denied K.R.’s motions to vacate the custody/interlocutory decree and refused his own recusal; he also issued an order partially enjoining parties from public discussion (a “gag” order).
K.R. sought mandamus relief challenging (1) the June 19 interlocutory custody order, (2) Druhan’s appointment/denial of recusal, and (3) the publication restriction; procedural timeliness issues arose in the Court of Civil Appeals and this Court.

Issue	K.R.'s Argument	K.G.S./Druhan's Argument	Held
Timeliness of challenge to June 19 interlocutory custody order	Mandamus should set aside the interlocutory custody award to K.G.S.	Petition was filed outside the presumptively reasonable 14‑day period for adoption matters	Denied as untimely; K.R. failed to show good cause to excuse late filing
Validity of Druhan’s appointment as temporary probate judge	Druhan was not validly appointed by presiding circuit judge or Chief Justice; clerk lacked authority, so his orders are void	Challenge untimely but appointment was proper under local practice/standing orders	Granted relief: Druhan was not properly appointed; his orders are void; Judge Davis must certify inability to presiding circuit judge or Chief Justice for proper appointment
Denial of K.R.’s motions by Druhan (including recusal request)	Orders issued by Druhan should be set aside because he lacked authority	Orders valid because assigned by clerk/standing practice; moot if adoption finalized	Not reached on merits because Druhan’s orders are void for lack of jurisdiction
Gag/publication restriction entered July 22 (and denial to vacate it)	Restriction should be vacated; K.R. sought to alter/amend/vacate that portion	Restriction appropriate; K.R. violated it via social media posts; contempt motions filed	Not reached on merits — order void because entered by improperly appointed judge

Ex parte Crawford, 686 So.2d 196 (Ala. 1996) (mandamus is appropriate to review denial of a recusal motion)
Ex parte P&H Constr. Co., 723 So.2d 45 (Ala. 1998) (standards for issuing mandamus)
Ex parte Cotton, 638 So.2d 870 (Ala. 1994) (burden on party seeking recusal)
Ex parte Dooley, 741 So.2d 404 (Ala. 1999) (procedural authority on mandamus review)
Ex parte C.J.A., 12 So.3d 1214 (Ala. Civ. App. 2009) (failure to state good cause for late filing mandates denial)
Bush v. State, 171 So.3d 679 (Ala. Crim. App. 2014) (improper judicial appointment deprives court of jurisdiction)
Ruzic v. State ex rel. Thornton, 866 So.2d 564 (Ala. Civ. App. 2003) (courts may notice lack of jurisdiction ex mero motu)
Lawrence v. Ala. State Pers. Bd., 910 So.2d 126 (Ala. Civ. App. 2004) (noting court takes notice of jurisdictional defects)
Ex parte Punturo, 928 So.2d 1030 (Ala. 2002) (judgment by court without jurisdiction is a nullity)
Ex parte Trawick, 959 So.2d 51 (Ala. 2006) (records/attachments available at filing cannot be belatedly supplied on rehearing)
Ex parte Knight, 92 So.3d 717 (Ala. 2011) (standing administrative orders that leave judge selection to clerk are improper)
Owens v. State, 39 So.3d 1183 (Ala. Ct. Crim. App. 2010) (contrast on when a standing order constitutes a valid appointment)
Ex parte Hornsby, 663 So.2d 966 (Ala. 1995) (jurisdictional defects render judgment void)
Moore v. Ashe, 113 So.2d 678 (Ala. 1959) (same principle on jurisdictional nullity)