Daniel Joseph O'Hern (May 23, 1930 – April 1, 2009) was a former associate justice of the
New Jersey Supreme Court
The Supreme Court of New Jersey is the supreme court, highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases cha ...
, where he served from August 6, 1981, until his retirement upon his 70th birthday.
Early life and career
O'Hern was born in
Red Bank in 1930 and attended
Regis High School on the
Upper East Side
The Upper East Side, sometimes abbreviated UES, is a neighborhood in the boroughs of New York City, borough of Manhattan in New York City. It is bounded approximately by 96th Street (Manhattan), 96th Street to the north, the East River to the e ...
of
Manhattan
Manhattan ( ) is the most densely populated and geographically smallest of the Boroughs of New York City, five boroughs of New York City. Coextensive with New York County, Manhattan is the County statistics of the United States#Smallest, larg ...
.
He graduated from
Fordham College
Fordham University is a private Jesuit research university in New York City, United States. Established in 1841, it is named after the Fordham neighborhood of the Bronx in which its original campus is located. Fordham is the oldest Catholic a ...
in 1951.
O'Hern served in the
United States Navy
The United States Navy (USN) is the naval warfare, maritime military branch, service branch of the United States Department of Defense. It is the world's most powerful navy with the largest Displacement (ship), displacement, at 4.5 millio ...
from 1951 to 1954, during the
Korean War
The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...
, attaining the rank of
Lieutenant, Junior Grade
Lieutenant junior grade is a Junior officer, junior commissioned officer rank used in a number of navies.
United States
Lieutenant (junior grade), commonly abbreviated as LTJG or, historically, Lt. (j.g.) (as well as variants of both ab ...
. After leaving active duty, he graduated from
Harvard Law School
Harvard Law School (HLS) is the law school of Harvard University, a Private university, private research university in Cambridge, Massachusetts. Founded in 1817, Harvard Law School is the oldest law school in continuous operation in the United ...
in 1957, and served as a clerk to United States Supreme Court Justice
William J. Brennan, Jr.[
He was an elected official in his hometown of Red Bank, serving on its borough council and as Mayor of Red Bank, New Jersey. ]Brendan Byrne
Brendan Thomas Byrne (April 1, 1924 – January 4, 2018) was an American attorney and Democratic Party politician who served as the 47th Governor of New Jersey from 1974 to 1982.
Byrne began his career as a private attorney in Newark and Eas ...
, the Governor of New Jersey
The governor of New Jersey is the head of government of the U.S. state of New Jersey. The office of governor is an elected position with a four-year term. There is a two consecutive term limit, with no limitation on non-consecutive terms. The ...
named O'Hern a commissioner of the New Jersey Department of Environmental Protection
The New Jersey Department of Environmental Protection (NJDEP) is a government agency in the U.S. state of New Jersey that is responsible for managing the state's natural resources and addressing issues related to pollution. NJDEP now has a staf ...
, and later as Counsel to the Governor. Byrne submitted his Supreme Court nomination to the New Jersey Senate
The New Jersey Senate is the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. There are 40 legislative districts, representing districts with an average population of 232,225 (2020 figure ...
, and he was confirmed on May 20, 1981, and sworn in on August 6, 1981.[
Judge O'Hern's opinion in ''State in the Interest of T. L. O.'' (1983) concerning administrative or teacher searches of public school students was reversed by the U.S. Supreme Court in '' New Jersey v. T. L. O.'' (1985).
He retired at age 70, and was replaced by James R. Zazzali.
]
Personal life
O'Hern and his wife Barbara have been residents of Little Silver, New Jersey
Little Silver is a Borough (New Jersey), borough in Monmouth County, New Jersey, Monmouth County, in the U.S. state of New Jersey. As of the 2020 United States census, the borough's population was 6,131, an increase of 181 (+3.0%) from the 2010 ...
.[ They had five children, three sons and two daughters.
O'Hern died at age 78 on April 1, 2009, due to ]brain cancer
A brain tumor (sometimes referred to as brain cancer) occurs when a group of cells within the brain turn cancerous and grow out of control, creating a mass. There are two main types of tumors: malignant (cancerous) tumors and benign (non-cance ...
at his home in Red Bank.
Legacy and honors
O'Hern was noted for his "Sal's tavern" test, which suggested that if an opinion wouldn't make sense to the "gang" at Sal's Tavern in Red Bank, New Jersey it should be rewritten.
The train station in Red Bank was named in his honor in November 2014.
See also
*
References
External links
New Jersey court profile
{{DEFAULTSORT:Ohern, Daniel Joseph
1930 births
2009 deaths
20th-century New Jersey state court judges
20th-century mayors of places in New Jersey
Deaths from brain cancer in New Jersey
Fordham University alumni
Harvard Law School alumni
Justices of the Supreme Court of New Jersey
Law clerks of the Supreme Court of the United States
People from Little Silver, New Jersey
People from Red Bank, New Jersey
United States Navy officers
Mayors of Red Bank, New Jersey
Military personnel from Monmouth County, New Jersey
State cabinet secretaries of New Jersey