Alaska Statutes
Alaska Stat. § 22.15.170 (2026)
Selection of district judges and magistrates
✓ current as of July 2026
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Sec. 22.15.170. Selection of district judges and magistrates.
(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in an office of district judge within 45 days after receiving nominations from the judicial council by appointing one of two or more persons nominated by the council for each actual or impending vacancy. The appointment to fill an impending vacancy becomes effective upon the actual occurrence of the vacancy.
(b) The presiding judge of the superior court in each judicial district may appoint acting district judges as needed to serve at the pleasure of the presiding judge for a term of no longer than 12 months or until succeeded by an appointment made under (a) of this section, whichever first occurs. An acting district judge shall be a citizen of the United States and of the state, at least 21 years of age, but need not be licensed to practice law in any of the United States and need not have established Alaska residence before appointment. Service as an acting district judge is not considered a judicial service for the purposes of AS 22.25 unless the judge is subsequently appointed under (a) of this section.
(c) The presiding judge of the superior court in each judicial district shall appoint the magistrates for the district court for the judicial district. Each magistrate serves at the pleasure of the presiding judge of the superior court in the judicial district for which appointed.
(d) Vacancies for magistrates shall be filled in the same manner as appointments.
(e) The office of a district court judge becomes vacant 90 days after the election at which the judge is rejected by a majority of those voting on the question or for which the judge fails to file a declaration of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of rejection following an election; or (3) the election following failure of a judge to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office; except that this 90-day period may be extended by the council with the concurrence of the supreme court. In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office.
(a) The governor shall fill a vacancy or appoint a successor to fill an impending vacancy in an office of district judge within 45 days after receiving nominations from the judicial council by appointing one of two or more persons nominated by the council for each actual or impending vacancy. The appointment to fill an impending vacancy becomes effective upon the actual occurrence of the vacancy.
(b) The presiding judge of the superior court in each judicial district may appoint acting district judges as needed to serve at the pleasure of the presiding judge for a term of no longer than 12 months or until succeeded by an appointment made under (a) of this section, whichever first occurs. An acting district judge shall be a citizen of the United States and of the state, at least 21 years of age, but need not be licensed to practice law in any of the United States and need not have established Alaska residence before appointment. Service as an acting district judge is not considered a judicial service for the purposes of AS 22.25 unless the judge is subsequently appointed under (a) of this section.
(c) The presiding judge of the superior court in each judicial district shall appoint the magistrates for the district court for the judicial district. Each magistrate serves at the pleasure of the presiding judge of the superior court in the judicial district for which appointed.
(d) Vacancies for magistrates shall be filled in the same manner as appointments.
(e) The office of a district court judge becomes vacant 90 days after the election at which the judge is rejected by a majority of those voting on the question or for which the judge fails to file a declaration of candidacy. Upon the occurrence of (1) an actual vacancy; (2) the certification of rejection following an election; or (3) the election following failure of a judge to file a declaration of candidacy, the judicial council shall meet within 90 days and submit to the governor the names of two or more persons qualified for the judicial office; except that this 90-day period may be extended by the council with the concurrence of the supreme court. In the event of an impending vacancy other than by reason of rejection or failure to file a declaration of candidacy, the council may meet at any time within the 90-day period immediately preceding the effective date of the vacancy and submit to the governor the names of two or more persons qualified for the judicial office.
Notes of Decisions
Cited in 10
cases, 1965–2007 · leading case: State v. Jeffery, 170 P.3d 226 (Alaska 2007).
State v. Jeffery, 170 P.3d 226 (Alaska 2007). “"); see also AS 22.15.170(e) (applying same consequences to district court judges who fail to file declarations of candidacy).”
Buckalew v. Holloway, 604 P.2d 240 (Alaska 1979). “The termination order was subsequently approved by the presiding superior court judge, Judge Moody, pursuant to AS 22.15.170(c), which provides in pertinent part: "Each magistrate serves at the pleasure of the presiding judge of the superior court in the judicial district for…”
Hornaday v. Rowland, 674 P.2d 1333 (Alaska 1983). “See AS 22.15.170. Rowland thus contends that the governor's appointment power "must be sensibly construed in conjunction with the other statutes enacted by the legislature giving broad administrative and assignment authority to the court and the presiding judge.”
Delahay v. State, 476 P.2d 908 (Alaska 1970). “184, § 12, formerly codified as AS 22.15.170. 4 . SLA 1966, eh. 24, § 1, codified as AS 22.”
Oxereok v. State, 611 P.2d 913 (Alaska 1980). “AS 22.15.170. The framers of our state constitution clearly anticipated that courts in addition to those created by the constitution itself might be needed to properly carry out the judicial power of the state.”
Theodore v. State, 407 P.2d 182 (Alaska 1965). “AS 22.15.170 providing that the presiding judge of the superior court for each judicial district shall appoint the district and deputy magistrates who shall serve at the appointing judge's pleasure.”
Stephens v. Hammersley, 550 P.2d 1268 (Alaska 1976). “AS 22.15.170(a), AS 22.15.195, AS 15.35.100-130.”
Hudson v. Johnstone, 660 P.2d 1180 (Alaska 1983). “At issue was the validity of AS 22.15.170(c), which in pertinent part provides that “[e]ach magistrate serves *1184 at the pleasure of the presiding judge of the superior court in the district for which appointed.”
Ketzler v. State, 634 P.2d 561 (Alaska Ct. App. 1981). “AS 22.15.170(b). From the foregoing we conclude that the presiding judge of the integrated courts within a district, where in his opinion efficiency in the administration of justice would be advanced, may take charge of jury selection personally in the district courts.”
In Re Landry, 157 P.3d 1049 (Alaska 2007). “In administering this censure, the court notes this cireum-stance: Judge Landry was not retained by the electorate at the November 2006 election and his judicial office was therefore deemed vacated per AS 22.15.170(e) not later than February 5, 2007.”
— Alaska Stat. § 22.15.170(a) — 3 cases
Hornaday v. Rowland, 674 P.2d 1333 (Alaska 1983). “See AS 22.15.170. Rowland thus contends that the governor's appointment power "must be sensibly construed in conjunction with the other statutes enacted by the legislature giving broad administrative and assignment authority to the court and the presiding judge.”
Stephens v. Hammersley, 550 P.2d 1268 (Alaska 1976). “AS 22.15.170(a), AS 22.15.195, AS 15.35.100-130.”
Delahay v. State, 476 P.2d 908 (Alaska 1970). “184, § 12, formerly codified as AS 22.15.170. 4 . SLA 1966, eh. 24, § 1, codified as AS 22.”
— Alaska Stat. § 22.15.170(b) — 1 case
Ketzler v. State, 634 P.2d 561 (Alaska Ct. App. 1981). “AS 22.15.170(b). From the foregoing we conclude that the presiding judge of the integrated courts within a district, where in his opinion efficiency in the administration of justice would be advanced, may take charge of jury selection personally in the district courts.”
— Alaska Stat. § 22.15.170(c) — 2 cases
Buckalew v. Holloway, 604 P.2d 240 (Alaska 1979). “The termination order was subsequently approved by the presiding superior court judge, Judge Moody, pursuant to AS 22.15.170(c), which provides in pertinent part: "Each magistrate serves at the pleasure of the presiding judge of the superior court in the judicial district for…”
Hudson v. Johnstone, 660 P.2d 1180 (Alaska 1983). “At issue was the validity of AS 22.15.170(c), which in pertinent part provides that “[e]ach magistrate serves *1184 at the pleasure of the presiding judge of the superior court in the district for which appointed.”
— Alaska Stat. § 22.15.170(e) — 2 cases
State v. Jeffery, 170 P.3d 226 (Alaska 2007). “"); see also AS 22.15.170(e) (applying same consequences to district court judges who fail to file declarations of candidacy).”
In Re Landry, 157 P.3d 1049 (Alaska 2007). “In administering this censure, the court notes this cireum-stance: Judge Landry was not retained by the electorate at the November 2006 election and his judicial office was therefore deemed vacated per AS 22.15.170(e) not later than February 5, 2007.”
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