Iowa chief justice urges reforms for magistrate system

DES MOINES — In her fifth Condition of the Judiciary address, Iowa Supreme Court Chief Justice Susan Christensen outlined recommendations Wednesday for the state’s judicial system, including changing the magistrate system and urging lawmakers to increase salaries for judges again.

Christensen was appointed to the Iowa Supreme Court in 2018 by Gov. Kim Reynolds and became chief justice in 2020.

Every year, her speech follows a theme. This year’s was commitment. Christensen said she is committed to focusing on the judicial branch’s long-term priorities and the needs of Iowans.

“It’s about staying the course on the work we’ve begun while also reaffirming our dedication to the people of Iowa, the hardworking public servants with the judicial branch, the lawyers who provide essential indigent defense, and most importantly, the vulnerable children and families who depend on our system of justice,” Christensen said.

Judicial pay increase

After last year’s 5 percent wage increase for judges, Christensen pointed out that Iowa still lags nationally in judicial compensation.

To address it, Christensen proposed the Kansas Plan, which would set the salary of a state district court judge at 75 percent of a federal district court judge’s salary — not the current 68 percent. There would be a four-year implementation period.

Salaries for other classes of judges would be calculated the same as they currently are, as a percentage of the state district court judge’s salary.

“Wouldn’t you love for me to quit talking about judicial pay?” Christensen asked lawmakers. “Trust me, me too. And this plan gets us there.”

Christensen said she based her proposed program on Kansas because that state's system boosted it from ranking 51st nationally in judicial pay to 29th. Iowa ranks 41st nationally in judicial compensation and trails surrounding states.

“Like my dad used to say, ‘You get what you pay for,’” Christensen said. “If judicial salaries remain uncompetitive, we risk attracting a pool of applicants who may not have the right qualifications or proper temperament to serve effectively. This could lead to rulings that are inconsistent or poorly grounded in the law, which ultimately undermines confidence in our courts.”

Rep. Brian Lohse, R-Bondurant and chair of the Justice Systems Budget Subcommittee, said he is onboard with the pay increases.

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“I'm all in favor of that,” Lohse told reporters after the address. “I think she's spot-on and that we continue to lag. I will continue to push for that. I like the sound of the Kansas Plan. Obviously, the devil will be in the details, trying to figure all that out, from a budgetary standpoint, how we can do it.”

Increasing contract attorney pay

As Iowa continues to grapple with a public defender shortage, Christensen urged lawmakers to increase funding for their services as they represent some of Iowa’s most vulnerable populations, including children.

This is not a new priority for Christensen. The chief justice has brought this issue up in her past addresses, including last year’s, where she asked for an increase to pay for judges and for private lawyers who represent indigent defendants.

Christensen’s message this year was similar. However, she did not propose a concrete plan to increase public defender pay.

“When our attorneys are forced to triage cases, we fail everyone who depends on our justice system, including victims,” Christensen said. “Contract attorneys are crucial to the system, yet they find themselves caught in a relentless tug-of-war — feeling undervalued because of low compensation while struggling against the pressure to keep going.”

In her address, Christensen pointed out that many juvenile cases are handled by public defenders, which are more resource-intensive than adult cases. She added these shortages in indigent defense add more stress to the current public defenders representing juveniles.

In 2024, Iowa lawmakers passed pay increases for private lawyers who took on cases for indigent defendants for a third straight year by $3 and transferred $2 million from the state’s indigent defense fund to hire 12 new lawyers in parts of the state lacking representation for indigent defendants.

But Christensen says lawmakers still need to “throw these attorneys a life ring.”

“Call me Suzy Spitz if you like, but I won’t step aside or ignore an issue so essential to justice, due process and the protection of the most defenseless among us, because I’ve seen the good that can come from helping this population,” Christensen said.

While increased funding for indigent defense will not be included in the proposed Iowa Judicial Branch Budget, the judicial branch supports efforts to do so, according to a statement from State Court Administrator Robert Gast.

Modernization of the magistrate system

There are currently more magistrate judges in Iowa than needed, Christensen said.

In Iowa, magistrate judges serve primarily in their county of residence. They have jurisdiction over simple misdemeanors and have the authority to issue search warrants and conduct preliminary hearings. Magistrates don’t have to be lawyers, but most are.

Christensen said that while there is at least one magistrate judge in every one of Iowa’s 99 counties, which is required by statute, many magistrates are not meeting the minimum workload requirement for performing their responsibilities.

Magistrate pay in the state is based on the expectation that they will spend approximately 31 percent of their professional time performing magistrate responsibilities. Out of the magistrates in each of Iowa's 99 counties, only 16 are close to hitting the required workload, Christensen said.

Christensen said a proposed reform does not undermine the need for magistrates.

“I’m not saying we don’t need magistrates, I don’t want to read that in the paper,” Christensen said. “We absolutely do. They play a critical role in the judiciary. However, we must ensure that our resources are being used wisely and effectively. By aligning the number of magistrates with the actual workload, we can better meet this goal.”

“I know how essential a courthouse is to the heart and strength of rural Iowa,” Christensen continued. “ As long as I serve in this role, the judicial branch will never support any initiative that would diminish rural Iowa.”

The proposal would reduce the number of magistrates in every county required by statute and assign some magistrates to multiple counties to even out workload.

Lohse said he is in favor of modernizing the system, adding that magistrates would have to have a say in the process.

“There's a reason that the magistrate system is the way it is, but times change, and at some point we may need to look at that as a system that also needs to change with the times,” Lohse told reporters. “There are certainly areas of the state where magistrates aren't being used as effectively as what they could because of lower population, lower workloads.”

The proposed Iowa Judicial Branch budget remains similar to last year’s, with the exceptions of $229,000 being requested for a Linn County Courthouse renovation and the judicial officer pay increase.