In her Condition of the Judiciary speech, Iowa’s Supreme Court chief justice appealed to state lawmakers for greater support for the judicial branch, both in the state budget and in public responses to legal opinions.
Chief Justice Susan Christensen made her fourth address before the Iowa legislature Wednesday where she repeated some of the same workforce concerns she shared last year and added a new one to the list: the state is struggling to attract new judges to the bench.
Christensen called on lawmakers to give judges a pay raise. In the last 15 years, she said, the legislature has approved only five pay increases. Due to inflation, that has effectively resulted in a 17% pay cut since 2012, she said.
“I have never broached the topic of either pay or pension for our judges,” Christensen told lawmakers. “I talk about these things one-on-one with you during our session meetings, but I have never used the state of the judiciary as a soapbox to relay that message. This year is different.”
Recruiting is lagging, she said. In 2003, an open vacancy on the bench drew 17 applicants on average. Last year it was around six.
“This dramatic decrease in applicants is deeply distressing. Being appointed by the governor to the bench should be the pinnacle of an attorney’s career, not a deep financial sacrifice,” Christensen said.
To raise judges’ salaries, Christensen is asking for a 4.3% budget increase for the judicial branch. Gov. Kim Reynolds’ budget request calls for an increase of about 2%.
More workforce woes
Christensen also wants a pay increase for attorneys who agree to provide indigent defense. The critical shortage of indigent defense attorneys was a focus of last year’s address before the legislature, but she said the situation has not improved. Of Iowa’s nearly 10,000 licensed attorneys, only about 5 percent are signed up to contract with the state to represent people who can’t afford a lawyer on their own.
Lawmakers need to increase the pay rate for attorneys, she said, to convince others to sign up and to keep up with neighboring states like Illinois, which recently doubled its pay rate to $150 per hour.
“Justice is in jeopardy by the lack of contract attorneys,” Christensen said. “And based on what we’re being told, the current pay structure is simply too low.”
A lack of attorneys in rural areas is also part of the problem, she said. She asked lawmakers to consider trying to attract rural lawyers through programs that have helped bring more doctors to rural areas, such as student loan forgiveness or tax credits.
Defending judicial integrity
Christensen’s speech follows a split Iowa Supreme Court decision in June where the justices declined to reinstate a six-week abortion ban that had remained blocked in court since it was passed in 2018. Reynolds asked for that law to take effect after the U.S. Supreme Court overturned Roe v. Wade and the Iowa Supreme Court reversed its stance to say that there is no fundamental right to an abortion in the state.
The June 2023 decision was criticized by Republican leaders. Reynolds said it disregarded the will of voters and elected representatives. Lawmakers held a special session in July where they passed a new version of the law, which was blocked by a district court judge. The Iowa Supreme Court has not set a date to hear the case.
Christensen appealed to the GOP-dominated legislature to defend the integrity of Iowa courts when they encounter a constituent, or a fellow lawmaker, upset with a judge’s decision.
“I respect that you may not agree with every opinion issued by the Iowa Supreme Court or decision handed down by one of our trial court judges or magistrates,” Christensen said, without referring to a specific case or decision. “That is your right to hold such a belief. I may even agree with you. But what I’m asking you to do is to take that opportunity to explain that, even when you believe a judge is dead wrong, they are public servants—just like you—and they are committed to the rule of law—just as you would want them to be.”
Christensen said she plans to build connections with lawmakers in the coming year, including by inviting them to observe judges and courtrooms in action in what she called a “Trial Court Show & Tell.”
