Newly appointed District Judge Todd Norvell took the bench for the first time Wednesday to preside over a sentencing hearing in Durango for a Cortez man convicted of his sixth drunken driving offense.
His clerk announced, “Please rise,” and in came Norvell, wearing the customary judge’s black robe. The only other people in the courtroom were a prosecutor, defense lawyer, defendant, La Plata County Sheriff’s deputy and a Herald reporter.
“Please be seated,” he said, before sitting in a high-back chair.
With that, Norvell called his first and only case of the day, the People of Colorado v. Kelvin Litsue, who pleaded guilty last month to driving while ability impaired, a felony under state law because it is a fourth or subsequent offense.
In a plea agreement with the 6th Judicial District Attorney’s Office, Litsue was facing six to 12 months in an in-patient treatment program and up to 60 days in jail.
In about 95 percent of cases, judges go along with the plea agreement. But Norvell was thrown a curve ball on his first at bat.
Litsue’s public defense lawyer, Barrie Newberger King, requested an expedited sentencing hearing so Litsue could take advantage of an open bed at an in-patient treatment center in Denver. But it didn’t leave time for the probation department to conduct a pre-sentence investigation, which helps judges make sentencing decisions.
Norvell said he had limited information about the case, and he wanted to know more about the defendant’s history of substance-abuse, how he has performed on probation in past cases, and how he’ll be monitored in Denver. He also wanted to know why Litsue wasn’t considered for DUI court, an intense supervisory program that aims to break the cycle of drunken driving.
Norvell, barely blinking, listened to Newberger and Deputy District Attorney Reid Stewart explain their rationales. He took a few notes, asked follow-up questions, and, at one point, moved the microphone closer to make a clear record.
“I’ve got to get used to the equipment up here,” he said.
He also spoke directly to the defendant, explaining it was his goal to find the most effective way to help Litsue while keeping the public safe.
In the end, Norvell postponed Wednesday’s sentencing hearing until a pre-sentence investigation can be done. He scheduled a new sentencing date for 8 a.m. Feb. 3 in District Court.
Some things about the legal system never change, even with a new judge at the bench: The wheels of justice turn slowly.
shane@durangoherald.com
