Iowa chief justice seeks to mend fences with legislators in annual address

Iowa's top judicial officer is seeking to strengthen relationships with legislators amid growing financial pressures on the state's court system.

Chief Justice Susan Christensen centered her annual Condition of the Judiciary address Wednesday on a plea for more connections and understanding between the legislative and judicial branches, including what she called "Trial Court Show & Tell," an invitation for legislators throughout the year to visit courthouses and shadow judges to better understand their daily responsibilities.

Christensen's speech comes after several recent high-profile decisions by the Supreme Court that drew the ire of legislators. In 2023, despite being wholly composed of Republican-appointed justices, the court left standing a ruling striking down one of Gov. Kim Reynolds' top priorities, a ban on nearly all abortions after six weeks. Legislators also have accused the court of improperly interpreting transcripts of legislative debates to strike down laws, leading some legislators to refuse to discuss their bills on the floor.

In her speech, Christensen acknowledged some of the court's decisions can be controversial.

"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," she said. "Heck, I don’t agree with every opinion issued by the supreme court. ... But from the bottom of my heart, I believe that every judge in this state is trying his or her best to apply the law to the facts of a case and make a thoughtful decision."

The relationships Christensen wants to build come with high stakes. As she made clear in her speech, the judiciary needs both financial and policymaking support from legislators to tackle many of the challenges before it.

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More money for attorneys, judges, staff

Although the Iowa Judicial Branch has requested funding increases each year of Christensen's tenure, 2024 is the first year she has foregrounded that request in her speech.

The judiciary is requesting a 4.3% budget increase, or $8.2 million, for a total appropriation of $201.6 million. The vast majority would go to salary and benefits increases for court staff.

In particular, Christensen said, Iowa judges have received raises in only five of the past 14 years, and their inflation-adjusted salary has fallen 17% over those years. Iowa's judges now make substantially less than their counterparts in every surrounding state, Christensen said, and as their pay has lagged, so has interest in judicial vacancies. Over 20 years, Christensen said, the average number of applicants for vacant judgeships has fallen to 6.5 from 17, and the judicial branch is requesting funding for a 6.2% raise for judges to begin reversing that pattern.

Even worse, she said, a wrinkle of Iowa law has recently resulted in substantially higher pension contributions from Iowa judges, resulting in a further net pay decrease. The judicial branch is proposing a bill to return judge's pensions to a fixed contribution rate, and she asked legislators to support it.

Indigent defense remains on the brink

Christensen also repeated her warning from her 2023 speech that the state's indigent defense system is in crisis, with too few attorneys accepting contract defense work. The problem is particularly acute in eastern Iowa, she said, where attorneys can now earn nearly twice as much doing contract work across the river in Illinois.

"My battle cry this year is the same as last year," she said. "The state must fulfill its constitutional duty to provide criminal defendants with the right to counsel."

State Public Defender Jeff Wright told the Register there currently are 521 attorneys taking contract defense work around the state, down from 564 a year ago. Legislators did provide funding for additional full-time public defenders last year, though, as well as a $5 per hour increase for contract attorneys.

Wright's office is offering attorney training programs and pursuing other options to increase the pool of contract attorneys, he said.

Beyond indigent defense, Christensen said, rural Iowa needs more attorneys of all stripes, and she suggested the Legislature look at options like student loan forgiveness to incentivize attorneys to "hang out a shingle" in rural areas.

Successes in juvenile justice, new technology

Christensen did highlight a few successes, from courthouses opening new lactation rooms for jurors and staff to a major report and recommendations for overhauling the state's juvenile court system. Some of those recommendations already are being implemented, she said, including new diversion programs that so far have provided services to nearly 2,500 youths without initiating formal criminal proceedings.

The state also has approved new technology options for court reporters, a step Christensen said she hopes helps address the state's persistent shortage of qualified transcriptionists.

To continue this progress, and to ensure the judiciary is fulfilling its proper co-equal role in state government, Christensen said she plans to spend the coming year strengthening connections between branches of government as well as within the judiciary and with the general public.

"I want to do more to connect with you, our elected leaders," she told legislators. "It’s a lot easier to talk about our budget and other things on the judicial branch’s wish list when I know the person sitting across the table."

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.

This article originally appeared on Des Moines Register: Iowa chief justice calls for new funding, stronger ties to Legislature