DES MOINES —Chief Justice Susan Christensen called for the modernization of the magistrate system, increased judicial pay, and the prioritization of contract attorneys in her annual Condition of the Judiciary Address on Wednesday. 

In her address, Chief Justice Christensen emphasized the importance of the judiciary listening to lawmakers across the aisle, while also remaining impartial and silent on legislative decisions. 

Before diving into what the year ahead will look like for the judiciary, Christensen  told the legislative crowd that she had selected a theme for the year—commitment. 

“My commitment to the people of Iowa is to ensure that our courts remain accessible, efficient, and fair,” Christensen  said. 

Christensen calls for modernization 

Christensen noted in her address she understands the legislature’s efforts toward efficiency and fiscal responsibility, but also needs Iowa courts to have the resources required to fulfill their responsibilities.

One area of the judicial branch Christensen said could be cut in order to ensure a more efficient flow of funds is the magistrate system. 

Magistrates are part-time judicial officers with limited judicial authority who assist district judges, and in Iowa it is required that every county has at least one magistrate. Their pay is based on the assumption that a magistrate will spend 31 percent of their time performing magistrate duties. Christensen argued that currently the vast majority of Iowa magistrates spend less than 31 percent of their time on magistrate work. 

“It is impossible for us to boost all magistrates to the expected average of 31 percent,” Christensen  said. “We simply have more magistrates than magistrate work.” 

To resolve this issue, Christensen proposed the legislature reduce the number of magistrates required by statute, and then reassign remaining magistrates to work in multiple counties. 

Christensen said this plan could benefit rural magistrates by helping them remain relevant as they extend their work into other counties. 

Christensen proposes judicial pay increase 

Another key priority for Christensen was judicial pay, which she noted is an issue she has been raising in front of the legislature for years. 

Christensen  told the legislature that even with the 5 percent pay increase judges received last year, Iowa still ranks 41st in the nation for judicial pay, just above Guam. When adjusted for inflation, Christensen said Iowan district court judges are currently earning 16.5 percent less than they were 15 years ago.

This issue of low pay has led to applications for judicial positions dropping, and Chritiansen said it could spiral into a “race to the bottom” and could undermine competence in the courts. 

“If judicial salaries remain uncompetitive, we risk attracting a pool of applicants who may not have the qualifications or the proper temperament to serve efficiently,” Christensen said. 

Christensen proposed what she calls a “Kansas Plan,” which would raise judicial salaries based on the recent judicial pay rises that have brought Kansas from 51st in the country for judicial pay to 29th. 

Christensen said this plan would require a statute to set the salary of state district court judges to be 75 percent of a federal district court judge. These pay increases would be gradually phased in over a four year period. The salaries for other classes of judges would then be calculated as a percentage of the state district court judges salary, which is the current system. 

“This system provides a consistent equitable framework for judicial pay across all levels of the bench,” Christensen said. 

Christensen implores legislature to address contract attorney shortage 

In her address, Christensen  called on the legislature to address issues with the states contract attorney system that has struggled to represent low income Iowans who can’t afford their own representation.  

Christensen spoke of the lack of contract lawyers in Iowa, which is an issue that she said leads to some clients not receiving court-appointed representation, ultimately resulting in cases being dropped. 

According to the Iowa State Public Defender Office, approximately 535 contract attorneys were registered in Fiscal Year 2024. The number of contract attorneys in Iowa decreased almost 50 percent between 2014 and 2023, according to the Iowa State Bar Association. The shrinking numbers leads to increased caseloads for contract attorneys. 

Noting that this was not her first time speaking to the legislature about this issue, Christensen acknowledged the idea of defendants being stalled in jails or not receiving speedy trials may be unsuccessful in winning the legislature’s sympathy. So, she directed the legislature’s attention to juvenile court.

Juvenile court is a key priority for Christensen, and she used juvenile court cases to illustrate the importance of contract lawyers. Christensen told the story of Shawn, a father who risked losing the parental rights of his son due to meth addiction. In 2015 Shawn joined Christensen ’s former family treatment court and began his work towards recovery. 

Shawn sat in the audience of Christensen ‘s speech with his son, and received a round of applause as Christensen  told the legislature that he is now clean, has parental rights, and is working to regain his citizenship rights. This happy ending, Christensen said, came via the work of many contract attorneys. 

Christensen ends address with impactful stories of child abuse in Iowa

While Shawn and his son received a standing ovation, Christensen said she did not believe this story was enough to explain the importance of sufficient resources in the juvenile court system.

Christensen spent the latter portion of her address telling the legislature about the cases that some Iowa juvenile court judges told her kept them up at night. She said many of the cases were too horrific to share in this forum, and her speech reviewers did not allow her to include the county where the cases took place, fearing that this detail would make the speech “too tough.”

Among the cases were a young boy who had been sexually and physically abused by his mothers boyfriend until he died at the age of six. When in court, Christensen  said the child’s mother stood by her boyfriend in court and paid his bail. 

Another was of a father who brought an unresponsive infant into the emergency room, where doctors determined the child had been dead longer than the fathers story accounted for. Investigators later found two other emaciated young children at his residence. 

Christensen also included stories of triumph in the juvenile court system. She told the legislature about formerly incarcerated teens who now work or go to college, and of a formerly addicted mother who now serves as a mentor for parents in the juvenile court system.

“I urge you to connect with all of these stories as they collectively reflect the shared struggles and triumphs of children and families throughout Iowa,” Christensen  said. 

Christensen pointed to organizations like the Youth Justice Council, a subcommittee of the Juvenile Justice Council made up of youth who have direct experience with the juvenile court, as an example of the progress and good work that can be achieved through the juvenile court system. 

She concluded her speech with notes that she received from the Youth Justice Council on what youth in the juvenile court system feel that they need. Many of the comments included basic resources, such as hygiene products and sufficient portions of food. Christensen asked the legislature to consider these requests, and think of their implications.

“I’m committed to working closely with the legislative and executive branches to explore how we can create better opportunities and outcomes for Iowa’s most vulnerable children,” Christensen said.