Early life and education
Borden was born inPrivate legal practice
Upon graduating, he entered private practice inJudicial career
Borden played an important role in reforming the Connecticut judiciary, serving as executive director of the Commission to Revise the Criminal Statutes of the State of Connecticut from 1963 to 1971 and as principal architect of the 1969 Connecticut Penal Code. Judge Borden also served as Chief Counsel to the Joint Committee on the Judiciary (of the State of Connecticut), as judge of theConnecticut Supreme Court
Seven years later, in 1990, he was nominated to succeed Justice Arthur H. Healty on the Connecticut Supreme Court by Governor William A. O'Neill, a position he held until his retirement in 2007. Prior to his retirement, at the mandatory age of 70, Borden was the Acting Chief Justice of the Supreme Court, following the resignation of Chief Justice Sullivan, who stepped down after it was revealed he delayed the release of an unpopular decision regarding the state's Freedom of Information Commission so that his chosen successor, Justice Zarrella, would be elevated to the Court's top position. As acting Chief Justice, Borden formed the Public Access Task Force, composed of judges, journalists, and attorneys to develop recommendations to ensure the Court's openness. Borden accepted most of the Task Force's recommendations, which have paved the way for an expanded transparency of court proceedings heretofore un-heard of in not only Connecticut, but in other state Supreme Courts. The Task Force was chaired by Justice Richard N. Palmer who co-authored with Borden a letter outlining their concerns about then-Chief Justice Sullivan's apparently deliberate decision to delay release of the FOI case, Clerk of GA7. Borden authored a dissent in that opinion, joined by Justices Norcott and Katz. During his tenure as Associate Justice of the Supreme Court, he chaired several committees charged with further revising the Connecticut penal system. From 1992 to 2001, he served as Chairperson of the Rules Committee of the Judges of the Superior Court. He was also Chairperson of the Connecticut Law Revision Commission Task Force which was responsible for codifying the Connecticut Law of Evidence. This codification was later adopted as Connecticut Evidence Code. Justice Borden was appointed Chairman of the Connecticut Sentencing Commission by Chief Justice Chase T. Rogers in 2013 and served in this capacity until his death in 2016. During his tenure as Chair, Justice Borden was dedicated to the reform of Connecticut's juvenile sentencing scheme. Justice Borden was instrumental in both the development and passage of the Commission's recommendation to align Connecticut law with theNotable decisions
One notable decision Borden authored was ''State v. Cobb'' (251 Conn. 285, 1999). There the Connecticut Supreme Court upheld Sedrick Cobb's death sentence for the 1989 sexual assault and murder of Julia Ashe in Waterbury against a total of forty-five challenges. The Connecticut Supreme Court also upheld the sentence despite Justice Robert I. Berdon's angry dissent where he made a revelation about the Court's conference-specifically, Berdon claimed that the Court had failed to engage in its statutorily-mandated duty to determine if sentences were the product of untoward passion. Borden was the author of ''State v. Ledbetter'' (275 Conn. 534, 881 A. 2d 290 (2005)), a landmark decision on eyewitness identification law in Connecticut. He became interested in eyewitness identification issues. In 2011, he became the Chair of the Connecticut Legislature's Eyewitness Identification Task Force, which supported the adoption of double-blind, sequential identification procedures, improved training, and statewide standards for identification procedures. On October 10, 2008, Bordon dissented in the case of ''Kerrigan v. Commissioner of Public Health'', in which the court held that gay and lesbian couples could not be denied the right to marry because of the Equal Protection Clause of the state constitution. This decision made Connecticut the third state (along with Massachusetts and California) to legalize same-sex marriage through judicial decree of the state supreme court.Teaching, writing and other activities
In addition to his duties as a Connecticut jurist, Borden taught at thePersonal life
David Borden married Judith Holland Borden in June 1963. They had three children and five grandchildren. David was a lifelong Boston Red Sox fan. Every year, he would take his newest law clerk to Fenway Park for a game. In addition baseball, David was Weaver High School's Varsity football starting quarterback. He also played basketball at Hartford's JCC. Despite only being 5'9", David tenaciously played center, an achievement that earned him an induction into the local Jewish athletics hall of fame. In addition to the Red Sox, David enjoyed a passion for hiking, reading, and spending time with his family and friends.References
{{DEFAULTSORT:Borden, David M. 1937 births 2016 deaths Lawyers from Hartford, Connecticut Amherst College alumni Harvard Law School alumni Justices of the Connecticut Supreme Court Judges of the Connecticut Appellate Court Deaths from pancreatic cancer in Connecticut Politicians from Hartford, Connecticut 20th-century Connecticut state court judges 20th-century American lawyers