Wash. Rev. Code » Title 2 · Chapter 2.24
Revised Code of Washington

Wash. Rev. Code § 2.24.040 (2026)

✓ current as of May 2026
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Such court commissioner shall have power, authority, and jurisdiction, concurrent with the superior court and the judge thereof, in the following particulars:
(1) To hear and determine all matters in probate, to make and issue all proper orders therein, and to issue citations in all cases where same are authorized by the probate statutes of this state.
(2) To grant and enter defaults and enter judgment thereon.
(3) To issue temporary restraining orders and temporary injunctions, and to fix and approve bonds thereon.
(4) To act as referee in all matters and actions referred to him or her by the superior court as such, with all the powers now conferred upon referees by law.
(5) To hear and determine all proceedings supplemental to execution, with all the powers conferred upon the judge of the superior court in such matters.
(6) To hear and determine all petitions for the adoption of children and for the dissolution of incorporations.
(7) To hear and determine all applications for the commitment of any person to the hospital for the insane, with all the powers of the superior court in such matters: PROVIDED, That in cases where a jury is demanded, same shall be referred to the superior court for trial.
(8) To hear and determine all complaints for the commitments of minors with all powers conferred upon the superior court in such matters.
(9) To hear and determine ex parte and uncontested civil matters of any nature.
(10) To grant adjournments, administer oaths, preserve order, compel attendance of witnesses, and to punish for contempts in the refusal to obey or the neglect of the court commissioner's lawful orders made in any matter before the court commissioner as fully as the judge of the superior court.
(11) To take acknowledgments and proofs of deeds, mortgages and all other instruments requiring acknowledgment under the laws of this state, and to take affidavits and depositions in all cases.
(12) To provide an official seal, upon which shall be engraved the words "Court Commissioner," and the name of the county for which he or she may be appointed, and to authenticate his official acts therewith in all cases where same is necessary.
(13) To charge and collect, for his or her own use, the same fees for the official performance of official acts mentioned in subsections (4) and (11) of this section as are provided by law for referees and notaries public.
(14) To hear and determine small claims appeals as provided in chapter 12.36 RCW.
(15) In adult criminal cases, to preside over arraignments, preliminary appearances, initial extradition hearings, and noncompliance proceedings pursuant to RCW 9.94A.6333 or 9.94B.040; accept pleas if authorized by local court rules; appoint counsel; make determinations of probable cause; set, amend, and review conditions of pretrial release; set bail; set trial and hearing dates; authorize continuances; accept waivers of the right to speedy trial; and conduct resentencing hearings and hearings to vacate convictions related to State v. Blake, No. 96873-0 (Feb. 25, 2021).
[ 2021 c 311 s 18; 2009 c 28 s 1; 2000 c 73 s 1; 1997 c 352 s 14; 1991 c 33 s 6; 1979 ex.s. c 54 s 2; 1963 c 188 s 1; 1909 c 124 s 2; RRS s 85. Prior: 1895 c 83 s 2.]

Notes:

Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Effective date—2009 c 28: "This act takes effect August 1, 2009." [ 2009 c 28 s 43.]
Effective date—1991 c 33: See note following RCW 3.66.020.
Powers of commissioner under juvenile court act: RCW 13.04.030.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1966–2026 · leading case: State v. Karas, 32 P.3d 1016 (Wash. Ct. App. 2001).
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State v. Karas, 32 P.3d 1016 (Wash. Ct. App. 2001). · cites it 3× “AUTHORITY OF SUPERIOR COURT COMMISSIONERS Karas argues that RCW 2.24.040, the statute describing the commissioner's authority, does not include the power to issue permanent protection orders.”
State v. Karas, 108 Wash. App. 692 (Wash. Ct. App. 2001). · cites it 3× “Authority of Superior Court Commissioners Karas argues that RCW 2.24.040, the statute describing the commissioner’s authority, does not include the power to issue permanent protection orders.”
In Re Dillenburg v. Maxwell, 413 P.2d 940 (Wash. 1966). · cites it 2× “030 and RCW 2.24.040. Under the conditions described therein, the commissioner is vested with concurrent jurisdiction with the superior court judge to perform the functions of a juvenile court judge.”
In re the Det. of Ticeson, 159 Wash. App. 374 (Wash. Ct. App. 2011). “The voters of Washington ratified the 1878 constitution, but Congress did not approve the official state constitution until 1889.”
State Ex Rel. Henderson v. Woods, 865 P.2d 33 (Wash. Ct. App. 1994). “Although RCW 2.24.040, which lists the powers of a court commissioner, does not include the authority to hear contested paternity actions, this omission does not deprive the commissioner of the power to hear such suits.”
In Re the Welfare of Noble, 547 P.2d 880 (Wash. Ct. App. 1976). “RCW 2.24.040 (8). On request of counsel for petitioner, a revision hearing was thereafter held before a judge of the superior court sitting as juvenile court judge.”
State v. Espinoza, 754 P.2d 1287 (Wash. Ct. App. 1988). · cites it 2× “oner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under this chapter and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by…”
Traci Fallow, V. Troy Fallow (Wash. Ct. App. 2024). · cites it 23× “3 RCW 2.24.040 enumerates 15 specific powers of court commissioners.”
Matthew Merz, V. Harlyn Jenkins (Wash. Ct. App. 2026). · cites it 3× “7 7 Merz repeatedly asserts in his brief that RCW 2.24.040 requires court commissioners to submit for judicial approval any orders affecting substantive rights.”
In Det. of Ticeson, 246 P.3d 550 (Wash. Ct. App. 2011). “The voters of Washington ratified the 1878 constitution, but Congress did not approve the official state constitution until 1889.”
Ward v. Child Prot. Servs. (E.D. Wash. 2019). · cites it 2× “Moreover, such commissioners 9 may “hear and determine ex parte .”
Hous. Auth. Of City Of Seattle v. Stanley Maynor (Wash. Ct. App. 2018). “" RCW 2.24.040(9)(emphasis added). Also, as the Housing Authority explains, RCW 59.”
Show all 14 citing cases →
— Wash. Rev. Code § 2.24.040(15) — 1 case
Ewing v. City of Sedro Woolley (W.D. Wash. 2025).
— Wash. Rev. Code § 2.24.040(3) — 1 case
Ward v. Child Prot. Servs. (E.D. Wash. 2019). “Moreover, such commissioners 9 may “hear and determine ex parte .”
— Wash. Rev. Code § 2.24.040(4) — 1 case
Traci Fallow, V. Troy Fallow (Wash. Ct. App. 2024). “3 RCW 2.24.040 enumerates 15 specific powers of court commissioners.”
— Wash. Rev. Code § 2.24.040(8) — 1 case
Ward v. Child Prot. Servs. (E.D. Wash. 2019). “Moreover, such commissioners 9 may “hear and determine ex parte .”
— Wash. Rev. Code § 2.24.040(9) — 3 cases
Traci Fallow, V. Troy Fallow (Wash. Ct. App. 2024). “3 RCW 2.24.040 enumerates 15 specific powers of court commissioners.”
Hous. Auth. Of City Of Seattle v. Stanley Maynor (Wash. Ct. App. 2018). “" RCW 2.24.040(9)(emphasis added). Also, as the Housing Authority explains, RCW 59.”
Brennan Heating & Air Conditioning, Resp v. Jeffrey M. Mcmeel, App (Wash. Ct. App. 2019).
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