Before
we begin to hear today's cases, I would like to
take a moment to mark a significant event in the
history of this court. For seventeen years
Justice David M. Borden
has been a Supreme Court
Justice. Today is the last day that he will sit
to hear cases as a member of the Supreme Court,
and we could not let that moment pass with
pausing to thank him for his service - not only
to the Court but to the people of this state. I
am delighted that Justice Borden's wife, Judith,
has joined us here this morning. Justice Borden
frequently comments on the support his family
has provided to him throughout his career, and
so we welcome you here again today. We also
welcome members of the Appellate Court, Superior
Court judges, Judge Trial Referees, Judicial
Branch staff and guests who join us as we
reflect on Justice Borden's career.
In the short time I have
had the privilege of being a colleague of
Justice Borden's on this court, I have learned
that he would prefer that we minimize the time
devoted to these remarks and spend more time on
the cases to be argued today. He has graciously
consented to our request to honor him today,
however, and so we will try to honor his request
for brevity. But how do you honor that request
when you are talking about the author of the
first reported case of the Connecticut Appellate
Court in 1983? Justice Borden was among the
first five judges appointed to that court, and
is the author of the case cited as 1 Conn. App.
1, Connecticut Natural Gas v. Department of
Public Utility. I am sure I need not remind any
of you that we are now reporting cases in volume
101 of the Appellate Court Reports. During his
tenure at the Appellate Court, then-Judge Borden
authored 326 opinions, over 300 of which were
majority opinions. These opinions were
instrumental in helping to shape the nascent
jurisprudence for Connecticut's new intermediate
appellate court.
Justice Borden can
count some other firsts in his judicial career,
including acting as the first Administrative
Judge for the Appellate System. That task was
taken on while he was an Appellate Court judge,
and continued when he was appointed to the
Supreme Court. The efficiency of the Appellate
System is a credit to Justice Borden's vision.
We have continued to build on the solid
foundation he established while serving in that
role.
Starting these remarks
at the point the Judge Borden was appointed to
the Appellate Court, however, skips over years
of service on the Superior Court bench and Court
of Common Pleas dating back to 1977. And prior
to his three decades of judicial service,
Justice Borden managed to complete a few small
tasks while he was a practicing attorney. These
included acting as Executive Director of the
Commission to Revise the Criminal Statutes of
Connecticut, which followed his role as chief
draftsman of the Connecticut Penal Code. More
than one person commenting on Justice Borden's
career has noted that he is now challenged on
the interpretation of statutes that he was
instrumental in drafting. Of course he is also
recognized as a scholar in the realm of
statutory interpretation, so if he didn't write
the statute, he can authoritatively speak to how
it should be read. More recently, Justice Borden
was the chair of the Connecticut Law Revision
Task Force that prepared the Code of Evidence
ultimately adopted by the Judges of the Superior
Court. His legal career, as an attorney and as a
Judge, has been nothing less than extraordinary.
So you can see that the
difficulty in preparing remarks for this
morning's ceremony was not in identifying
Justice Borden's specific contributions to the
development of the law in Connecticut. Rather,
it was in selecting the highlights of his
distinguished career to include in these remarks
because there have been so many. Among those
highlights are the numerous awards he has
received - many in recognition of the
accomplishments I just noted. The University of
Connecticut Law Review Award for excellence in
legal scholarship; the Raymond E. Baldwin Public
Service Award from Quinnipiac College School of
Law; the Connecticut Bar Association's Henry J.
Naruk Award for Service to the Community in a
Judicial Role. These are among the most
prestigious awards in the legal community of our
state. In less than two weeks, Justice Borden
will again be honored, this time by the
Connecticut Law Tribune as the recipient of the
Publisher's Award for the Advancement of First
Amendment Rights.
But it is Justice
Borden's tenure as a Supreme Court Justice that
is the focal point for today's ceremony, and so
I have asked Justice Norcott, as the senior
member of this court, to also make remarks
today.
Remarks by Justice
Norcott |
Remarks by Justice Borden