(C) Iowa Capital Dispatch
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Iowa’s chief justice asks lawmakers for pay increase for judges, pension changes [1]
['Robin Opsahl', 'More From Author', '- January']
Date: 2024-01-10
Chief Justice of the Iowa Supreme Court Susan Christensen asked Iowa lawmakers Wednesday to increase pay for judges and fix rates for judicial pension contributions.
“For those of you who have listened to my prior speeches, I have never broached the topic of either pay or pension for our judges,” Christensen said during her Condition of the Judiciary address in the Iowa House chambers. “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.”
The chief justice asked the Legislature to give the Judicial Branch a 4.3% increase in funding in the 2024 legislative session. Christensen, who has served as top justice for the state Supreme Court since 2020, said Iowa judges have not received pay increases in 10 of the past 15 years. Accounting for inflation, that means judicial pay has decreased 17.2% in the past 12 years, she said, and do not keep up with rising costs of living.
Increasing judges’ salaries is also necessary to keep up with other states, she said. South Dakota judges make $16,000 more per year than Iowa judges, and Nebraska district court judges make $38,000 more per year, she said.
“It’s no wonder that the average number of applicants per district court judge vacancy in Iowa has decreased 62% in the past 20 years,” Christensen said. “… 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.”
She also said the state Judicial Branch has filed legislation to make changes to the Judicial Retirement System. Previously, retirement system was on a fixed contribution rate — the same as Iowa Public Employees’ Retirement System (IPERS). But in fiscal year 2022, the judicial pension system reached a “fully funded status,” and switched from a fixed to variable contribution rate.
That change means during the past two fiscal years and in the future, judges’ contribution rates are subject to fluctuations, Christensen said.
“What does that look like so far? Judges are paying more of their salaries into their pension,” she said. “When you combine stagnant salaries with increasing pension rates, we end up with every single judge in the state experiencing a net pay decrease.”
The proposed legislation would return the judicial pension system to a fixed contribution rate, which the chief justice said would provide stability and consistent budget predictions for both judges and the state.
Increases for judicial pay and changes to the Judicial Retirement System were not brought forward by Iowa Gov. Kim Reynolds or GOP legislative leaders, who laid out their plans for the upcoming session earlier this week.
Reynolds’ budget proposal includes a total appropriation of just over $216 million for the Judicial Branch, a slight increase over the current year’s estimate of nearly $212.5 million. The department asked for just over $223 million.
Christensen asks lawmakers, Reynolds to help Iowans understand the courts
In addition to legislative and budget requests, Christensen asked for lawmakers support in explaining and defending the judicial process — even in cases when they disagree with court decisions. The chief justice said she is “no Pollyanna,” and respects that many people may not agree with decisions issued by the Iowa Supreme Court or other Iowa judges and magistrates.
Some Republican lawmakers expressed disappointment or criticized the Iowa Supreme Court’s June decision to block enforcement of a 2018 law banning most abortions after six weeks. Reynolds signed into law another version of the ban prohibiting abortions after embryonic cardiac activity can be detected in July, following a special session.
The new law was enjoined three days after being signed as it goes through the courts.
Christiansen said that while she has also disagreed with some decisions made in Iowa courts, that she believes all judges are trying their best to apply the Iowa laws to the case at hand and make a “thoughtful decision.” She asked legislators for their help in explaining the judicial process and standards to Iowans they talk to about court decisions.
“If your constituents tell you, ‘Hey, a judge got something wrong,’ or maybe you tell your constituents the same thing — that is your right to hold such a belief,” Christensen said. “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 think a judge is dead wrong, they are public servants service just like you, and they are committed to the rule of law, just as you would want them to be.”
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