Alaska Statutes
Alaska Stat. § 22.15.100 (2026)
Functions and powers of district judge and magistrate
✓ current as of July 2026
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Sec. 22.15.100. Functions and powers of district judge and magistrate.
Each district judge and magistrate has the power
(1) to issue writs of habeas corpus for the purpose of inquiring into the cause of restraint of liberty, returnable before a judge of the superior court, and the same proceedings shall be had on the writ as if it had been granted by the superior court judge under the laws of the state in those cases;
(2) of a notary public;
(3) to solemnize marriages;
(4) to issue warrants of arrest, summons, and search warrants according to manner and procedure prescribed by law and the supreme court;
(5) to act as an examining judge or magistrate in preliminary examinations in criminal proceedings; to set, receive, and forfeit bail and to order the release of defendants under bail;
(6) to act as a referee in matters and actions referred to the judge or magistrate by the superior court, with all powers conferred upon referees by laws;
(7) of the superior court in all respects including contempts, attendance of witnesses, and bench warrants;
(8) to order the temporary detention of a minor, or take other action authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, when the minor is in a condition or surrounding dangerous or injurious to the welfare of the minor or others that requires immediate action; the action may be continued in effect until reviewed by the superior court in accordance with rules of procedure governing these cases;
(9) to issue a protective order in cases involving
(A) domestic violence as provided in AS 18.66.100 — 18.66.180; or
(B) stalking or sexual assault as provided in AS 18.65.850 — 18.65.870;
(10) to review an administrative revocation of a person's driver's license or nonresident privilege to drive, and an administrative refusal to issue an original license, when designated as a hearing officer by the commissioner of administration and with the consent of the administrative director of the Alaska Court System;
(11) to establish the fact of death or inquire into the death of a person in the manner prescribed under AS 09.55.020 — 09.55.069;
(12) to issue an ex parte testing, examination, or screening order according to the manner and procedure prescribed by AS 18.15.375.
Each district judge and magistrate has the power
(1) to issue writs of habeas corpus for the purpose of inquiring into the cause of restraint of liberty, returnable before a judge of the superior court, and the same proceedings shall be had on the writ as if it had been granted by the superior court judge under the laws of the state in those cases;
(2) of a notary public;
(3) to solemnize marriages;
(4) to issue warrants of arrest, summons, and search warrants according to manner and procedure prescribed by law and the supreme court;
(5) to act as an examining judge or magistrate in preliminary examinations in criminal proceedings; to set, receive, and forfeit bail and to order the release of defendants under bail;
(6) to act as a referee in matters and actions referred to the judge or magistrate by the superior court, with all powers conferred upon referees by laws;
(7) of the superior court in all respects including contempts, attendance of witnesses, and bench warrants;
(8) to order the temporary detention of a minor, or take other action authorized by law or rules of procedure, in cases arising under AS 47.10 or AS 47.12, when the minor is in a condition or surrounding dangerous or injurious to the welfare of the minor or others that requires immediate action; the action may be continued in effect until reviewed by the superior court in accordance with rules of procedure governing these cases;
(9) to issue a protective order in cases involving
(A) domestic violence as provided in AS 18.66.100 — 18.66.180; or
(B) stalking or sexual assault as provided in AS 18.65.850 — 18.65.870;
(10) to review an administrative revocation of a person's driver's license or nonresident privilege to drive, and an administrative refusal to issue an original license, when designated as a hearing officer by the commissioner of administration and with the consent of the administrative director of the Alaska Court System;
(11) to establish the fact of death or inquire into the death of a person in the manner prescribed under AS 09.55.020 — 09.55.069;
(12) to issue an ex parte testing, examination, or screening order according to the manner and procedure prescribed by AS 18.15.375.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1979–2024 · leading case: Whitesides v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 20 P.3d 1130 (Alaska 2001).
Whitesides v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 20 P.3d 1130 (Alaska 2001). “when designated as a hearing officer by the commissioner of administration and with the consent of the administrative director of the court system."). [33] See Chenega Corp. v.”
Bishop v. Mun. of Anchorage, 685 P.2d 103 (Alaska Ct. App. 1984). “AS 22.15.100(1). 9 In Rust v. State, the supreme court reserved the question whether an inmate could challenge policies of the Division of Corrections in a motion for post-conviction relief under former Criminal Rule 35(b) (currently Rule 35(c)).”
Mitchell v. Mitchell, 445 P.3d 660 (Alaska 2019). “AS 22.15.100(9)(A) (giving magistrates power "to issue a protective order in cases involving .”
Buckalew v. Holloway, 604 P.2d 240 (Alaska 1979). “AS 22.15.100(1, 4, and 5). In addition a magistrate may hear, try and enter judgment in a small claims action, AS 22.”
Ruerup v. Ruerup, 408 P.3d 1203 (Alaska 2018). “See AS 22.15.100(9)(A) (giving magistrates power "to issue a protective order in cases involving" domestic violence); 28 C.”
Ruerup v. Ruerup (Alaska 2018). “Addressing this issue at the interim motions hearing, Crystal said, “I believe [the school] probably is over 500 feet [from the apartment;] if not I’m willing to make an exception 8 See AS 22.15.100(9)(A) (giving magistrates power “to issue a protective order in cases involving”…”
Tyler Cue v. Desirae Challens (Alaska 2024). “17 AS 22.15.100(9). 18 AS 25.20.060(a) (“If there is a dispute over child custody, either parent may petition the superior court for resolution of the matter .”
— Alaska Stat. § 22.15.100(1) — 1 case
Bishop v. Mun. of Anchorage, 685 P.2d 103 (Alaska Ct. App. 1984). “AS 22.15.100(1). 9 In Rust v. State, the supreme court reserved the question whether an inmate could challenge policies of the Division of Corrections in a motion for post-conviction relief under former Criminal Rule 35(b) (currently Rule 35(c)).”
— Alaska Stat. § 22.15.100(10) — 1 case
Whitesides v. State, Dep't of Pub. Saf., Div. of Motor Vehs., 20 P.3d 1130 (Alaska 2001). “when designated as a hearing officer by the commissioner of administration and with the consent of the administrative director of the court system."). [33] See Chenega Corp. v.”
— Alaska Stat. § 22.15.100(9) — 1 case
Tyler Cue v. Desirae Challens (Alaska 2024). “17 AS 22.15.100(9). 18 AS 25.20.060(a) (“If there is a dispute over child custody, either parent may petition the superior court for resolution of the matter .”
— Alaska Stat. § 22.15.100(9)(A) — 3 cases
Mitchell v. Mitchell, 445 P.3d 660 (Alaska 2019). “AS 22.15.100(9)(A) (giving magistrates power "to issue a protective order in cases involving .”
Ruerup v. Ruerup, 408 P.3d 1203 (Alaska 2018). “See AS 22.15.100(9)(A) (giving magistrates power "to issue a protective order in cases involving" domestic violence); 28 C.”
Ruerup v. Ruerup (Alaska 2018). “Addressing this issue at the interim motions hearing, Crystal said, “I believe [the school] probably is over 500 feet [from the apartment;] if not I’m willing to make an exception 8 See AS 22.15.100(9)(A) (giving magistrates power “to issue a protective order in cases involving”…”
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