Former state Supreme Court Justice David M. Borden, known as an advocate for reform of juvenile sentencing and eyewitness identification procedures in Connecticut, died Sunday morning at his home in West Hartford after a yearlong battle with cancer. He was 79.
“It is difficult to find the right words to describe the incredible legacy of Justice David Borden,” Chief Justice Chase T. Rogers said in a statement Sunday. “He was a brilliant scholar whose body of work will have a lasting impact upon the law in Connecticut.”
“Justice Borden believed deeply in the rule of law, open and transparent courts, and access to justice for all,” Rogers said.
Gov. Dannel P. Malloy praised Borden’s record as a jurist, saying he “dedicated his career to ensuring that the State of Connecticut has a strong, effective and fair judicial system that serves the people of our state, and his work will forever have a lasting impact.”
“A modest man, Justice Borden will always be known for his passion and respect for the people of Connecticut,” Malloy said. “My deepest condolences go out to his family, friends and colleagues in the judicial branch.”
State Appellate Court Judge Eliot Prescott said Borden played a critical role in “opening up the judicial branch to public scrutiny.” Prescott, who was Borden’s first state Supreme Court law clerk, said Borden “became a father to me … he helped me become a judge.”
Justice Borden was “extremely highly regarded by his colleagues on the Supreme Court and by lawyers [who appeared before him],” said state Supreme Court Justice Richard Palmer. “There was universal admiration and respect for his intellect and his approach to issues.”
Borden is survived by his wife, Judy, and their three children.
“He loved life and at his core, Justice Borden loved his family most of all: his wife, Judy, his children, grandchildren, siblings and extended family,” Rogers said. “Justice Borden always had his priorities straight, and his perspective on what was important contributed greatly to making him the judge and justice he became.”
Borden received his bachelor of arts, magna cum laude, from Amherst College in 1959, and graduated from Harvard Law School in 1962. He practiced as a lawyer in Hartford from 1962 to 1977.
During that time, Borden served as executive director of the Commission to Revise the Criminal Statutes of the State of Connecticut, and was the principal author of the 1969 revisions to the state’s penal code. In 1975-76, he served as chief counsel to the General Assembly’s judiciary committee.
In 1977, Borden was named as a judge of the Court of Common Pleas, and became a Superior Court judge in 1978. He was also president of the Connecticut Judges Association from 1981 to 1983, when he was named as one of the original five members of the state’s Appellate Court.
The late-Gov. William A. O’Neill nominated Borden to the state Supreme Court in 1990.
Borden became chairman of the Connecticut Law Revision Commission Task Force, serving in that role from 1992-2001. The task force worked to codify Connecticut’s law of evidence, which was later adopted as the Connecticut Code of Evidence.
From April 15, 2006, to April 24, 2007, Borden served as acting chief justice of the state Supreme Court. He retired from the state’s highest court in 2007, but continued to serve as a judge trial referee on the Connecticut Appellate Court.
Borden co-authored three books on jury instructions, criminal court rules and Connecticut criminal law, and taught a course at the University of Connecticut School of Law beginning in 1994. He was the recipient of numerous awards, including the Raymond E. Baldwin public service award in 1997 and the Connecticut Law Tribune publisher’s award for advancement of First Amendment rights and freedom of the media in 2007.
Until his death, Borden also served as chairman of the General Assembly’s eyewitness identification task force, a group created to propose reforms to help prevent misidentification by eyewitnesses. Borden was a leading force behind changing the way Connecticut police handle both live lineups and photo lineups, according to Palmer.
Borden was also chairman of the Connecticut Sentencing Commission, and for years pushed to have the General Assembly reform juvenile sentencing laws and procedures. Palmer said Borden succeeded in convincing lawmakers to pass legislation to require that young juvenile offenders sentenced to long prison terms be automatically given “a second look” after a certain amount of prison time.
“It took him several legislative sessions,” Palmer said, “but under David Borden’s leadership, the legislation was passed.”
