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New magistrate judge takes the bench

Livingston fills vacancy left by Thatcher

-Messenger photo by Elijah Decious
Magistrate Judge Sarah Livingston, a former assistant county attorney for Webster County, took the bench Dec. 7 as former Judge Bill Thatcher’s replacement in Webster County. She will maintain her private practice as a partner at Thatcher and Livingston PLC in Fort Dodge as a family law mediation attorney, moving away from criminal defense work to avoid conflicts of interest.

A jurist with nearly equal experience in criminal prosecution and criminal defense joined the bench last week, filling the vacancy left by Magistrate Judge William Thatcher.

Magistrate Judge Sarah Livingston, a Webster County resident since 2004, started her term as Webster County’s first female magistrate on Dec. 7.

“This seemed like a nice and natural fit for me,” Livingston said after her first week on the job. “I’m enjoying the challenge in small claims court. I see a lot of different types of cases. There’s always something new and unique on any given week on the bench.”

A native of Gladbrook, a community of less than 1,000 in northwestern Tama County, Livingston learned a love of law from a young age as she watched her father practice, knowing as a child that she wanted to be an attorney, too.

Now, 22 years after her graduation from law school at the University of Iowa, the Iowa State University undergrad has seen a diverse portion of the legal scene in Webster County.

Livingston served in various roles as a prosecutor for her first 10 years after graduating from law school. Her career as a prosecutor started in Story County in 1999. From 2004 to 2009, she served as an assistant county attorney in the Webster County Attorney’s Office, before joining the law firm then known as Bennett, Crimmins & Livingston, where she served in private practice from 2009 to 2016.

Since 2016, Livingston has been a partner at Thatcher & Livingston PLC (formerly known as Thatcher, Tofilon & Livingston) where she worked alongside former Magistrate Judge Thatcher, who retired as Iowa’s longest serving magistrate in September after 47 years.

While excited, filling those shoes will be quite a challenge, the successor admits.

“He was a wonderful law partner, and he was a great magistrate,” Livingston said. “I tried cases in front of (Thatcher) and saw firsthand what an excellent magistrate he was. I’m honored to fill his position and know those are very big shoes to fill.”

With the mentorship that she received in Thatcher’s courtroom as a young attorney, she’s putting her experience to use to continue Iowa’s proud judicial legacy by working to diligently protect the community and its access to the court system while protecting the rights of individuals appearing in her courtroom.

“I’m just hoping to contribute to that (legacy) in some small way,” Livingston said. “I think I bring a fair and balanced approach to issues before the court.”

Only time will tell whether there are any similarities between the new judge and her predecessor, described by most who knew him as strict, but fair.

At 48, Livingston is younger than her two fellow magistrates, ushering in a new generation on the bench to Webster County that has seen greater diversity in its ranks than older generations of attorneys and judges.

When her father graduated from law school, there was only one female student. By the time Livingston graduated in 1998, she said roughly half of the students were women.

While the bench hadn’t quite caught up with the number of women practicing, Livingston said the Second Judicial District was the first to see several talented women join the district bench.

“There are some great female mentors to look up to as I start my career on the bench,” she said, counting District Court Judge Angela Doyle among them. “I respect how they handle their courtroom.”

As she starts, Livingston will maintain her private practice, where she has transitioned to family law mediation to avoid conflicts of interest as a criminal defense attorney.

“I’m looking forward to deciding those cases instead of being a litigant,” Livingston said.

Courtrooms in Iowa have unprecedented challenges ahead of them, as backlogs created by the COVID-19 pandemic have disrupted life inside the courts as much as outside of them. For courts as busy as those in Webster County, the challenge is compounded even further.

“We’re working very hard to catch up with those cases in a safe way and make sure we’re protecting the litigants and defendants in the courtroom,” Livingston said.

Some cases are being heard now if they can be done with a small number of participants in the room that can socially distance. For now, everyone wears their mask — even those like the four couples she married in her first week. Many functions like initial appearances have been conducted over the phone or via video conference calls.

“It’s just a matter of taking things a day at a time, being creative to serve litigants in the community, but making sure everyone stays safe,” Livingston said.

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