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JUDICIAL COMPENSATION COMMISSION

MINUTES

December 30, 1996
First and only Meeting

MEMBERS PRESENT

MEETING IN BRIEF

Minutes prepared by Jan Simmons, Legal Counsel,
Organizational staffing by Leslie Hickey, Senior Legal Counsel

  1. Procedural Business.
  2. Presentations.
  3. Discussion and Approval of Recommendations.
  4. Materials on File With the Legislative Service Bureau.

COMMITTEE BUSINESS

1. Procedural business.
Call to Order. Presentations to Commission members began at 10:07 a.m. Mr. Beckman later moved that the temporary chairperson be appointed as the permanent chairperson, and the motion was seconded. Mr. Beckman moved that Mr. Lane be appointed as Vice chair, and the motion was seconded. Both motions passed unanimously.
Adoption of Rules. Mr. Lane moved, and it was seconded, that the proposed rules be adopted. The motion passed unanimously.
Adjournment. Ms. Sack moved, and it was seconded, that the meeting be adjourned. Mr. Lane adjourned the meeting at 12:53 p.m.
2. Presentations.
Iowa Magistrates' Association. Mr. William Thatcher and Mr. James Mefferd spoke on behalf of the Iowa Magistrates' Association. Mr. Thatcher noted that the magistrate system generates more money, through fine collection, than the total of the operating costs for the magistrate system. Mr. Mefferd began by stating that there are 137 magistrates in Iowa. That number includes two counties where a single position is split, meaning that the total number of magistrate positions is actually equivalent to 135 full-time positions. Some counties have opted to have no magistrates, and, instead, have traded their magistrate positions for a district associate judge.
Mr. Mefferd presented a number of charts illustrating the number of lawyer and nonlawyer judges, the comparative tenure of magistrates, certain salary comparisons, selected subject-matter caseload increases over the past three years, and hours worked by magistrates. In reviewing the factors that should be taken into consideration in determining magistrate compensation, Mr. Mefferd focused on the increased workload, the need for 24-hour availability, and the activities and business forgone by a magistrate because of the duties of a magistrate.
Mr. Beckman asked about the change in subject matters handled by magistrates as experienced during Mr. Mefferd's tenure as a magistrate. Mr. Mefferd and Mr. Thatcher noted the increase in small claims jurisdiction, as well as the addition of other subject matters, such as mental health commitments. Mr. Beckman also asked about the recent ability of the state to retain magistrates. Mr. Thatcher responded with a specific example of a recent resignation and Mr. Mefferd discussed the statistics regarding comparative tenure of magistrates. Mr. Beckman suggested that magistrates should speak to more legislators and civic groups regarding the work done by magistrates, in order to educate the public on the magistrates' role in the judicial system.
Mr. Lane asked about the domestic abuse caseloads. Mr. Thatcher explained that all domestic abuse misdemeanors are heard by magistrates. Mr. Mefferd added that the new pro se civil domestic abuse cases are not heard by magistrates. Mr. Lane also asked about the raises received over the years by magistrates. Mr. Mefferd explained that they have received the cost-of-living raises given to all state employees and also have IPERS coverage. Mr. Thatcher also pointed out the differing workloads of magistrates in different counties.
Ms. Scarpino inquired about the comparative salary increases received by magistrates. Mr. Mefferd explained the current recommendation of the Iowa Magistrates' Association, and the basis for differences between the requests for lawyer and nonlawyer magistrates. Mr. Thatcher added that the legislative Interim Committee on Compensation of Justices, Judges, and Magistrates had recently recommended that magistrates receive a substantial increase in pay, which would be more than just a cost-of-living increase.
Iowa Judges' Association. Judge James Kelley presented the recommendations of the Iowa Judges' Association. In support of the recommendations, Judge Kelley noted that experience has shown that retention of judges is difficult when the salaries do not keep pace with current market salaries. Increases in the last eight years have been crucial in helping to maintain the quality of judges serving in Iowa.
Judge Kelley next reviewed and explained the comparative salary figures of surrounding states, including comparative pensions. While Iowa's judicial salaries rank in the middle of the salaries for comparable positions in surrounding states, when other benefits and Iowa judicial pension amounts are factored in, Iowa judges generally receive less than judges in surrounding states. Judge Kelley also reviewed recent judicial salary increases approved by the Iowa Legislature.
Judge Kelley addressed the increase in workload and the resulting increase in stress experienced by Iowa judges. Judge Kelley explained the statutory requirement that a written decision must be issued by a judge, and noted the impact that the increased workload has had on the length and detail contained in the opinions. Judge Kelley also noted the dwindling of legal research resources experienced by many judges in Iowa.
Judge Larry Eisenhauer, representative of the Legislative Policy Committee of the Iowa Judges' Association, spoke regarding judicial pension issues. Judge Eisenhauer specifically addressed the need for increasing the maximum pension benefit from 50 to 60 percent of final covered salary, and the need for adding certain groups of judges to the pension plan. Judge Eisenhauer also discussed the progress made in recent years toward making the plan fund actuarially sound.
Mr. Beckman asked about the recommendations of the interim committee on the pension issue. Judge Kelley explained the interim committee's expression of continued commitment to moving toward actuarial soundness. Mr. Lane asked if there were continued concerns about the benefits received by senior judges. Judge Eisenhauer indicated that the Association had no recommendations for changes to that program.
Mr. Lane asked about the availability of computers for judges. Judge Kelley stated that all judges now have computers, and have access to some computerized research databases on a CD-ROM tower. He also explained how some county law libraries are not being funded at former levels, and thus are not being maintained with current case law supplements. Ms. Sack inquired about the cost of making current computerized resources available, and several people suggested that the cost would be at least several thousand dollars.
Mr. Beckman inquired about the number of judicial clerks available to judges. Judge Kelley and Judge Eisenhauer each spoke about the current situations in their respective districts.
Iowa Bar Association. Roger Stetson, President, spoke on behalf of the Iowa Bar Association, noting the importance of retaining and attracting quality judges. Mr. Stetson also addressed the increase in selected types of court filings in recent years, and the resulting increase in judicial workload, both in time and emotional effort. In setting judicial compensation, Mr. Stetson stated his belief that, while comparative salary information from surrounding states is significant, the most relevant figure for the Commission to consider is what the judge could earn as an attorney in private practice. Using this information, if the goal is to recruit and retain experienced and successful lawyers to the bench, judicial salaries should be increased since current judicial compensation lags behind that which attorneys in the 75th percentile earned in private practice. Mr. Stetson conveyed the Bar Association's support for the recommendations of the Judge's and Magistrate's Associations regarding salary and pension amounts.
Iowa Trial Lawyers' Association. Dennis Chalupa, President, spoke on behalf of the Iowa Trial Lawyers' Association. Mr. Chalupa emphasized the increased burdens placed on the judicial system in recent years, and the fact that Iowa judges do not specialize in particular subject matters, as many attorneys have done in recent years in response to the increase of new law in all subject areas. The judicial system needs to attract and retain the most qualified candidates if such a system is to work properly. The fact that many judges travel long distances should be taken into consideration in setting judicial compensation, as should the other sacrifices that judges make in taking office.
3. Discussion and Approval of Recommendations.
Recommendations. The Commission first discussed whether it should be scheduled to meet more than once every two years, whether it should meet earlier in the year prior to the beginning of a legislative session, and whether the members should be appointed at certain times after elections. Ms. Sack made a motion that the Commission should meet at least twice a year. There was no second to the motion.
Ms. Life then suggested that the Commission proceed to discuss the presentations of each speaker. Mr. Lane stated that he believes that the magistrates gave strong justification for their recommendation for a salary increase, including a differential in salary figures between lawyer and nonlawyer magistrates. The Commission members generally expressed approval for the requested salary increase proposed by the Iowa Magistrates' Association. Mr. Lane made a motion that the recommendation of the Association for a salary increase be accepted, and the motion was seconded. The motion passed unanimously.
The Commission members next discussed the recommendations of the Iowa Judges' Association. Judge Kelley, upon questioning, explained each of the recommendations. Mr. Beckman moved the following:
  1. That the compensation of all judges be increased, at a minimum, according to the increases received by all state employees.
  2. That the pension plan continue to be moved toward actuarial soundness.
  3. That by June 1, 1998, the General Assembly study and consider raising the maximum pension benefit level from 50 to 60 percent of final covered salary, for maximum length of service.
  4. That associate juvenile and probate judges be made members of the judicial retirement system.
The motion was seconded, and passed unanimously.
4. Materials On File With the Legislative Service Bureau.
a. Agenda.
b. Background Statement of the Legislative Service Bureau.
c. Written Testimony of Judge James Kelley.
d. Written Testimony of Judge Larry Eisenhauer.
e. Statistics Regarding Applicants for Judiciary prepared by the Judicial Branch.
f. Written Testimony of Roger Stetson.

OTHER INFORMATION FOR THIS COMMITTEE:

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