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Judge Martha Minot can be tough – and also bake you a cake

Pioneer of problem-solving courts to step down after 25 years
Pioneer of problem-solving courts to step down after 25 years

La Plata County Judge Martha Minot, who bakes cakes for defendants, is a pioneer of problem-solving courts and handles one of the heaviest caseloads in the state of Colorado, will retire Tuesday after 25 years on the bench.

Those in the legal community describe her as one of the most passionate, progressive and hard-working judges they have encountered.

“She’s got a heart,” said David Greenberg, a Durango defense lawyer. “If she didn’t have a heart, then she wouldn’t have nearly as much to give. But she’s got a big heart.”

Minot is no “soft touch,” he said; she can be harsh with defendants and lawyers who don’t follow her instructions.

“When she lectures you, that’s because she loves you,” Greenberg said. “If she didn’t care about her responsibilities as a judge, ... then she wouldn’t have to lecture anybody. People would be wise to listen to her.”

Minot, 60, served three years as a magistrate before being appointed La Plata County judge in 1995 by former Gov. Roy Romer. She is the county’s only judge, which means she oversees the bulk of low-level criminal cases, including traffic and misdemeanor cases, and civil matters involving less than $15,000.

Gov. John Hickenlooper has appointed federal prosecutor Dondi Osborne to replace Minot.

County court is the place where low-level offenders end up. Most have made a mistake, but they’re not lifelong criminals. They may need a wakeup call, but many are already ashamed of their actions and have no desire to reoffend, Minot said.

County court defendants are often unfamiliar with courtroom procedures. That’s why Minot makes it a point to constantly describe procedures and explain the rationale for her decision-making.

During the past 20 years, it has become more common for defendants to appear pro se – or without a lawyer. The judicial system is better about treating self-represented litigants and defendants equally, putting them on a level playing field with represented clients, she said.

Most judges fall into using legalese jargon, but Minot has adopted her own vernacular that helps ensure participants understand exactly what is happening, regardless of their legal experience, Greenberg said.

“She calls it what it is, in plain language, and I think it makes her an exceptional communicator,” he said. “When you leave, you don’t say, ‘God, what did she say?’ You have no doubt as to what the message was.”

Because it’s a lower-level court, many attorneys practice law for the first time in county courts. She has worked with 20 to 25 new prosecutors and about the same number of newly licensed public defenders.

In fact, Osborne, the newly appointed county judge, tried her first case in front of Minot.

Many law schools teach students how to think like a lawyer but not how to practice law. Some new attorneys don’t know how to ask for a continuance – a common oral motion in criminal cases – so Minot has to guide them through the basics.

Is it fun to see new attorneys practice law for the first time?

“No, fun would not be my descriptor,” Minot said. “I’ve been through a lot of folks, and maybe they think they’ve been through me, too.”

In judicial performance evaluations, attorneys and non-attorneys constantly describe Minot as fair and treating those who appear before her with dignity and respect. She exercises control over the courtroom while handling a large docket, according to her most recent review.

“It’s rare to have a job where the job can reflect who you are as a person, and you can shape the job, to some degree, to reflect your values and mores,” Minot said.

Problem-solving courts

Not long after taking the bench, Minot was given permission to start a “problem-solving court” – a relatively new concept at the time that focused on a defendant’s underlying issue, such as addiction or behavioral health, rather than the law that was broken.

She now oversees three problem-solving courts: drug court, behavioral health court and DUI court.

Minot has a personal connection to drug and behavioral health courts: Her younger sister overdosed on drugs when she was in her 20s, and her older brother suffered from schizophrenia and died by suicide in his early 20s.

“I’ve seen the heartache and the pain of that on a personal level,” she said. “And I’ve seen how ineffectual, sometimes, the criminal justice system can be at actually treating the problem of addiction.”

Problem-solving courts are no cakewalk for defendants. Participants are closely monitored – sometimes being tested for drugs or alcohol three times a week – and must report back to court every two weeks for a review. Judicial officials, including the judge, defense attorney, prosecutor, probation department and others, discuss each defendant’s case to determine the best course of action. Some defendants are told to read certain books or volunteer with certain organizations to better understand their own situation.

“Each case is analyzed individually,” Minot said.

If participants make a mistake, they face sanctions, such as one or two nights in jail. But they aren’t booted from the program and sent off to serve longer jail sentences.

After 18 to 24 months, defendants typically “graduate” with the skills they need to better cope with their conditions and no longer reoffend, Minot said.

One of the philosophies of problem-solving courts is that participants should receive personal recognition from the authority figure who oversees their case – the judge.

The state program suggests judges do this in the form of a hug. But Minot grew up in a family that hugged only at Christmastime or when someone died. For her, the hug was a little too personal.

“I really felt like it was not the state’s business to tell me who to hug,” she said.

Instead, she bakes them a cake of their choosing.

“To me, it was as personal as a hug without feeling like someone was telling me to do it,” she said.

Two district court judges, Todd Norvell and Suzanne Carlson, have agreed to take over the drug and behavioral health courts. Carlson said she plans to continue Minot’s tradition of baking cakes for drug court graduates.

A full-time job, and more

Minot’s dedication to the job goes beyond problem-solving courts. She volunteers for numerous activities and has served on a variety of committees that benefit the judicial system or help the public better understand its inner workings.

Greenberg recalled being involved with a sentencing hearing about 20 years ago that lasted until 11 p.m. Most judges would have cut testimony short or rescheduled the hearing, but not Minot.

“It didn’t matter what time it was. ... I can honestly say I have never seen any other judge anywhere do that. That’s because it was necessary. It was important. She’s made a lot of personal sacrifices,” Greenberg said.

All of this is on top of one of the heaviest case loads for any judge in the state.

La Plata County has the highest caseload for a single full-time judge in Colorado, said Eric Hogue, administrator for two judicial districts in Southwest Colorado. The county may qualify for a part-time magistrate in the near future, he said, but La Plata County is likely several years away from receiving a second full-time county judge.

“Judge Minot has been an integral part of how the 6th Judicial District operates and delivers services,” Hogue said. “Her compassionate nature and dedication are cornerstones of being a judge.”

The state legislature must approve creating additional judgeships. Those decisions are usually based on several factors, including the budget, number of cases generated and whether growth patterns are well-established. In addition to hiring a judge, government officials must consider courtroom space and the staff that must assist judges.

Minot said her workload has grown “exponentially.”

“Honestly, I could work every day of the week, and then I’d be caught up,” she said. “I don’t think I’ve had a weekend where I haven’t worked at some point for several years.”

She plans to take a “gap year” to reflect on life, spend time with her grandson and stay in Durango.

“I’ve done this long enough, and it’s time for someone else to step in and take it over.”

shane@durangoherald.com



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