Sec. 22.15.120. Limitations on proceedings which magistrate may hear.

379 words·~2 min read·/ak/title-22/chapter-15/22-15-120

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A magistrate shall preside only in cases and proceedings under AS 22.15.040 , 22.15.100, and 22.15.110, and as follows:

(1)for the recovery of money or damages only when the amount claimed, exclusive of costs, interest, and attorney fees, does not exceed $10,000;

(2)for the recovery of specific personal property when the value of the property claimed and the damages for the detention do not exceed $10,000;

(3)for the recovery of a penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000;

(4)to give judgment without action upon the confession of the defendant for any of the cases specified in this section, except for a penalty or forfeiture imposed by statute;

(5)to give judgment of conviction upon a plea of guilty or no contest by the defendant in a criminal proceeding within the jurisdiction of the district court;

(6)to hear, try, and enter judgments in all cases involving misdemeanors that are not minor offenses if the defendant consents in writing that the magistrate may try the case;

(7)to hear, try, and enter judgments in all cases involving minor offenses and violations of ordinances of political subdivisions;

(8)for the extradition of fugitives as authorized under AS 12.70 ;

(9)to provide post-conviction relief under the Alaska Rules of Criminal Procedure for any of the cases specified in (5), (6), or

(7)of this subsection if the conviction occurred in the district court; or

(10)to hear, try, and enter judgments in actions for the payment of wages brought by the Department of Labor and Workforce Development as provided in AS 22.15.040 (a).

(b)A magistrate may not preside in small claims cases under AS 22.15.040 when service is made on a defendant outside the state under Rule 11(a)(4)(C), District Court Rules of Civil Procedure.

(c)In this section, “minor offense” means

(1)an offense classified by statute as an infraction or a violation;

(2)an offense for which a bail forfeiture amount has been authorized by statute and established by supreme court order; or

(3)a statutory offense for which a conviction cannot result in incarceration, a fine greater than $300, or the loss of a valuable license.