Section 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 such 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 but not limited to 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

Implemented As

7 AAC 05.070
7 AAC 05.190

History

(Sec. 8(1) ch 184 SLA 1959; am Sec. 1 ch 5 SLA 1960; am Sec. 6 ch 110 SLA 1967; am Sec. 4 ch 139 SLA 1980; am Sec. 24 ch 77 SLA 1983; am Sec. 5 ch 17 SLA 1985; am Sec. 5 ch 59 SLA 1996; am Sec. 36 ch 64 SLA 1996; am Sec. 12 ch 103 SLA 1996; am Sec. 3 ch 79 SLA 1997; am E.O. No. 99 Sec. 18 (1997); am Sec. 11 ch 99 SLA 1998; am Sec. 7 ch 87 SLA 2003; am Sec. 10 ch 54 SLA 2005; am Sec. 1 ch 4 SLA 2010; am Sec. 23 ch 8 SLA 2011)