John J. Francis (New Jersey Judge)
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John Joseph Francis (June 19, 1903 – July 5, 1984) was an American
Democratic Party Democratic Party most often refers to: *Democratic Party (United States) Democratic Party and similar terms may also refer to: Active parties Africa *Botswana Democratic Party *Democratic Party of Equatorial Guinea *Gabonese Democratic Party *Demo ...
politician and jurist who served as an associate justice of the New Jersey Supreme Court from 1957 until his retirement in 1972.


Early life

Francis was born on June 19, 1903, in
East Orange, New Jersey East Orange is a City (New Jersey), city in Essex County, New Jersey, Essex County, in the U.S. state of New Jersey. As of the 2020 United States census, 2020 U.S. census, the city's population was 69,612. The city was List of municipalities in ...
. He received a law degree from
Rutgers University Law School Rutgers Law School is the law school of Rutgers University, with classrooms in Newark and Camden, New Jersey. It is the largest public law school and the 10th largest law school, overall, in the United States. Each class in the three-year J.D. pr ...
in 1925 and a master's degree in law from New York University Law School in 1947. He was admitted to the bar in 1926. He served as President of the Essex County Bar Association from 1942 to 1943, and as an Associate Editor of The New Jersey Law Journal from 1944 until 1947 and again from 1973 until his death in 1984.


Political career

In 1940, Francis became a candidate for the New Jersey General Assembly. He finished 13th out of 24 candidates in a race for 12 Essex County Assembly seats. Francis was the top vote getter among the Democratic candidates, receiving 136,241 votes. One of his running mates in the 1940 legislative contest was
Peter W. Rodino Peter Wallace Rodino Jr. (June 7, 1909 – May 7, 2005) was an American United States Democratic Party, Democratic politician. He represented parts of Newark, New Jersey and surrounding Essex County, New Jersey, Essex and Hudson County, New Jer ...
, who would go on to serve 40 years in Congress, 14 of them as chairman of the
House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, a ...
. Francis was elected village trustee (councilman) in
South Orange, New Jersey South Orange, officially the Township of South Orange Village, is a suburban township in Essex County, New Jersey, United States. As of the 2010 United States Census, the village's population was 16,198, reflecting a decline of 766 (4.5%) fro ...
, in 1942. In 1944, Francis became a candidate for the
U.S. House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they ...
in New Jersey's 11th congressional district. Incumbent Republican Frank L. Sundstrom defeated him by 6,210 votes, 58,586 (51.73%) to 52,376 (46.25%).


Judicial career

Francis was appointed to serve as an advisory master of the Court of Chancery by Chancellor
A. Dayton Oliphant Alfred Dayton Oliphant (October 28, 1887 – June 25, 1963) was a Justice of the New Jersey Supreme Court from 1945 to 1946, and again from 1948 to 1957. Biography Oliphant was born in Trenton, New Jersey on October 28, 1887, the son of Civil W ...
in 1947. In 1948, Governor
Alfred Driscoll Alfred Eastlack Driscoll (October 25, 1902 – March 9, 1975) was an American Republican Party politician, who served in the New Jersey Senate (1939–1941) representing Camden County, who served as the 43rd governor of New Jersey, and as ...
, a Republican, nominated Francis to serve as a Judge of the Essex County Court of Common Pleas. He was elevated to the Appellate Division in 1952. In 1957, Governor
Robert B. Meyner Robert Baumle Meyner (July 3, 1908 – May 27, 1990) was an American Democratic Party politician and attorney who served as the 44th governor of New Jersey from 1954 to 1962. Before being elected governor, Meyner represented Warren County in th ...
nominated him to serve as an associate justice of the New Jersey Supreme Court. In 1960, Francis wrote a unanimous opinion in
Henningsen v. Bloomfield Motors, Inc. In ''Henningsen v. Bloomfield Motors, Inc.'', 32 N.J. 358, 161 A.2d 69 (N.J. 1960), the New Jersey Supreme Court held that an automobile manufacturer's attempt to use an express warranty that disclaimed an implied warranty of merchantability was ...
, where the court ruled that automobile dealers and manufacturers were liable for defective cars despite a standard warranty intended to absolve them. This was considered a landmark decision in the expansion of product liability manufacturer's liabilities for defective products. He was also the author of a unanimous 1966 decision that the state could not seek the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
in the retrial of a convicted murderer who had already received a sentence of life in prison. Among Francis' law clerks was
John J. Degnan John J. Degnan (born October 6, 1944) was the Attorney General of New Jersey from 1978 until 1981. He was vice chairman and chief operating officer of The Chubb Corporation until 2010, and Chairman of the Port Authority of New York and New Jersey ...
, who would later serve as Attorney General of New Jersey.


Later years

Francis retired in 1972, a year before he turned 70, the mandatory retirement age for Judges in New Jersey. He served as Of Counsel to the law firm of Francis & Berry. Governor
Richard J. Hughes Richard Joseph Hughes (August 10, 1909December 7, 1992) was an American lawyer, politician, and judge. A Democrat, he served as the 45th governor of New Jersey from 1962 to 1970, and as Chief Justice of the New Jersey Supreme Court from 1973 to ...
appointed him to serve as Chairman of a special State Advisory Committee on Judicial Conduct in 1974. The panel sought to insure the public of the state judicial system's "probity, objectivity and freedom from outside pressure of any kind." He also became an Associate Editor of '' The New Jersey Law Journal'', a job he held in the 1940s. He also served on the New Jersey State Commission of Investigation (SCI). At the time of his death in 1984, Francis was residing in Summit with his wife, Penelope C. Francis (1906–1990). They had two sons and a daughter.


Electoral history


New Jersey General Assembly (1940)

''12 Seats Elected At-Large from Essex County''


References

{{DEFAULTSORT:Francis, John J. 1903 births 1984 deaths Justices of the Supreme Court of New Jersey New Jersey Democrats 20th-century American judges