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Judge to step down, join law practice

By Angel Jennings
Globe Correspondent / September 12, 2008
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Massachusetts Superior Court Judge Isaac Borenstein, best known for presiding over the Fells Acre Day Care abuse trial, is stepping down to become a partner in the Boston law firm Rudolph Friedmann LLP.

Borenstein's last day on the bench is today after serving nearly 22 years as a judge. On Monday, he will begin work as a civil litigator and criminal defense lawyer. Borenstein, 58, will also continue to teach part time at the Northeastern University School of Law and Suffolk Law School.

"Being a judge has been a challenging, interesting, and engaging job," he said. "There are a lot of interesting things I want to do with my life, and I just can't do that on the bench."

During his tenure as judge, Borenstein presided over many high-profile cases, including the Fells Acre Day Care trial that became part of a national debate over tactics used by prosecutors and investigators in the wide-scale child molestation cases of the 1980s.

Borenstein, a Cuban immigrant who came to the United States in 1961, was the first Latino judge to sit on the Lawrence District Court, and the second Latino judge to sit on the state Superior Court.

He said that as a judge he had to stifle his personal opinions, but that now he plans to get involved in the campaign of Democratic presidential nominee Senator Barack Obama. Also, Borenstein said, his new role as a lawyer will allow him help the Hispanic community by representing businesses and individuals in court.

Charles Fried, a Harvard Law School professor, said it's not unusual for a judge to go from behind the bench to in front of it.

"Judges bring experience, knowledge, and a better understanding of how courts think because they did it," he said.

Borenstein gained a reputation in some quarters as being lenient, after handing out some light sentences. He overturned the child rape and sexual assault convictions of Cheryl Amirault LeFave and her mother that would eventually lead to LaFave's release.

In 2000, Reader's Digest named Borenstein as one of "America's worst judges" after he imposed a 3 1/2-year sentence on a drunk driver who pleaded guilty to manslaughter in connection with a hit-and-run accident that killed a South Boston mother of six.

But a year later, the Boston Bar Association gave Borenstein one of its top honors, the Haskell Cohn award, citing his integrity, years of advocating for translating services, and his service to children, particularly those in crisis.

Rudolph Friedmann, a 23-member firm, deals mostly in commercial business law. "He brings a wealth of knowledge," managing partner Jim Rudolph said of Borenstein.

Angel Jennings can be reached at ajennings@globe.com.

Presided over the high-profile Fells Acre Day Care trial in the mid 1980s.

JUDGE ISAAC

BORENSTEIN

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