From the Bench: Iowa’s Chief Justice on Law, Leadership, and the Moment

New subscribers—welcome!I regularly host a Monday Zoom conversation where readers can engage directly with decision-makers and other fascinating people who share a deep interest in Iowa. I encourage you to explore the archives, where you’ll find podcasts with U.S. Senate candidates, authors, coaches, and a wide mix of smart, fun, and thoughtful guests. There’s nothing else quite like it in Iowa—it’s a bit like coming over to my house for a potluck, or tuning into live talk radio with a roomful of sharp, curious callers. Not a subscriber? Become one so you can receive the Zoom link. This is a conversation we had via Zoom with Iowa Supreme Court Chief Justice Susan Christensen, opening with her “plain-spoken” style and the theme of her recent State of the Judiciary Address: leadership as action, not a title. Christensen explained she chooses a one-word theme each year to stay focused, and shared a formative early moment as chief during COVID when colleagues criticized her draft speech; she kept her voice anyway, later hearing the compliment that she “humanized” the court—after which she stopped circulating speeches in advance (beyond legal counsel and communications fact-checking).Christensen said the leadership theme grew out of a difficult year that required internal decisions—such as class-and-comp changes and magistrate modernization—that angered some within the judicial branch. To shape her thinking, she spoke at length with living former governors (including Branstad, Vilsack, and Culver) and legislative leaders from both parties, describing those conversations as humbling and surprising—especially how active former governors are in their “afterlife” (post-office). She also shared a personal story about finally letting go of old disappointment after confronting a former governor about not appointing her years earlier—only to learn he didn’t even remember it.A major portion of the discussion focused on judicial workforce pay and staffing. Christensen argued Iowa’s judges have lost significant purchasing power after many years with no raises, hurting recruitment and leaving some districts with dangerously few applicants for openings. She emphasized that even modest, consistent cost-of-living adjustments compound over time, and described how recent pay/comp changes for staff dramatically increased applicant pools (from single digits to dozens—sometimes over 100 applicants for one position). She acknowledged the tension between tax cuts and funding public services, saying she can’t predict how lawmakers will respond.Christensen also described a crisis in indigent defense, saying Iowa’s contract pay rates lag neighboring states, making it hard to recruit and retain experienced lawyers—especially in border areas where attorneys can work in places like Omaha or Illinois for more money. She stressed these attorneys are highly skilled and essential to constitutional obligations, and cited an example of a case dismissed in Davenport after a qualified defendant waited months without appointed counsel, warning more dismissals could follow without legislative action.When asked about ICE/immigration and due process, and later about rhetoric around “activist judges,” Christensen largely declined to comment, explaining that public statements could force recusal if related cases reach the Iowa Supreme Court. She repeatedly framed her role as sticking to the constitution, statutes, and the record, and avoiding positions that could compromise impartiality.She did expand at length on why she addressed addiction, substance misuse, and mental health in the judiciary: the work is emotionally heavy, and stress contributes to unhealthy coping. She said drugs, alcohol, and mental health issues show up in the overwhelming majority of cases, and she wanted lawyers and judges to hear: “you’re not alone” and help is available. Relatedly, she described how oversight of attorney discipline is central to protecting the profession’s integrity—arguing that if the courts don’t enforce strong guardrails, the legislature may try to do it instead. She noted the court issues full opinions in discipline matters (more than many states), and said she’s especially hard on lawyers who exploit clients sexually because that abuse of power can’t be “made whole” the way stolen money sometimes can.Several participants raised institutional and civic issues. Laura Bellin provided context on her earlier reporting about Christensen becoming chief and asked about indigent-defense politics, noting House Republicans were more open to funding increases than Senate Republicans. Bellin also asked about a major HHS rewrite of juvenile justice provisions, and Christensen said the judicial branch was informed late in the process rather than involved from the ground up—something she found deeply frustrating. Christensen shared an example of how her speeches can spur action: after she flagged a particularly disturbing youth-system concern, she pressed HHS leadership to address it before she named it publicly.Christensen’s most emotional example came from the Youth Justice Council’s “talking wall,” where 500 youth in shelters and detention answered: “What is one thing you need that you’ve been quietly hoping someone would notice?” The top response was “a hug.” Christensen used this to argue that beyond statutes and budgets, the system can miss basic human needs.Other questions touched on judicial retention elections and the nominating commission. Christensen defended Iowa’s judicial nominating commission as essential to maintaining quality and independence, arguing retention elections shouldn’t be weaponized over a single unpopular decision but should evaluate a judge’s overall performance and temperament. She warned about ongoing efforts to remove judges from commissions, calling it punitive and inconsistent with how other regulated professions keep practitioners “at the table.”The conversation closed with discussion of outreach and “how the judiciary lobbies.” Christensen credited the court’s governmental affairs staff—especially Caitlin Jarzan—and said she’s willing to speak around the state when possible (ideally with staff beside her). Her final takeaway: the dialogue was refreshing, but she spoke with constant awareness that she was being recorded and could be quoted—so she “tiptoed” around topics that might later require recusal.Okoboji Writers’ and Songwriters’ RetreatIt’s not too late to register for the online class series called the Okoboji Mastery Circle. Legendary filmmaker and author Peter Hedges will be your instructor. Get both the online series AND enrollment in the Okoboji Writers’ and Songwriters’ Reteat (we will have five literary agents this year). 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