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Daniel Joseph O'Hern

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Daniel Joseph O'Hern
Associate Justice of the New Jersey Supreme Court
In office
August 6, 1981 – 2000
Nominated byBrendan Byrne
Preceded byMark A. Sullivan
Succeeded byJames R. Zazzali
Commissioner of the New Jersey Department of Environmental Protection
In office
May 12, 1978 – July 16, 1979
GovernorBrendan Byrne
Preceded byRocco D. Ricci
Succeeded byJerry F. English
Mayor of Red Bank, New Jersey
In office
1969–1978
Preceded byJohn P. Arnone
Succeeded byMichael Arnone
Personal details
Born(1930-05-23)May 23, 1930
Red Bank, New Jersey
DiedApril 1, 2009(2009-04-01) (aged 78)
Red Bank, New Jersey
SpouseBarbara
Alma materFordham University
Harvard University
Military service
Allegiance United States
Branch/service United States Navy
Years of service1951–1954
Rank Lieutenant (junior grade)
Battles/warsKorean War

Daniel Joseph O'Hern (May 23, 1930 – April 1, 2009) was a former associate justice of the New Jersey Supreme Court, where he served from August 6, 1981, until his retirement upon his 70th birthday.[1]

Early life and career

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O'Hern was born in Red Bank in 1930 and attended Regis High School on the Upper East Side of Manhattan.[2] He graduated from Fordham College in 1951.[2] O'Hern served in the United States Navy from 1951 to 1954, during the Korean War, attaining the rank of Lieutenant, Junior Grade. After leaving active duty, he graduated from Harvard Law School in 1957, and served as a clerk to United States Supreme Court Justice William J. Brennan, Jr.[1]

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, the Governor of New Jersey named O'Hern a commissioner of the New Jersey Department of Environmental Protection, and later as Counsel to the Governor. Byrne submitted his Supreme Court nomination to the New Jersey Senate, and he was confirmed on May 20, 1981, and sworn in on August 6, 1981.[1]

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).[3][4]

He retired at age 70, and was replaced by James R. Zazzali.[5][6]

Personal life

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O'Hern and his wife Barbara have been residents of Little Silver, New Jersey.[1] They have a daughter.[7]

O'Hern died at age 78 on April 1, 2009, due to brain cancer at his home in Red Bank.[8]

Legacy and honors

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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.[9]

The train station in Red Bank was named in his honor in November 2014.[10][11]

See also

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References

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  1. ^ a b c d "Justice O'Hern Celebrates 70th Birthday and Retirement from NJ Supreme Court". 2000-08-17. Archived from the original on 2000-08-17. Retrieved 2024-03-19.
  2. ^ a b "Associate Justice Daniel J. O'Hern | NJ Courts". www.njcourts.gov. Retrieved 2024-08-30.
  3. ^ Sullivan, Joseph F. (9 August 1983). "SEARCHES LIMITED IN JERSEY SCHOOLS". The New York Times. p. 1. Retrieved 19 March 2024.
  4. ^ "Facts and Case Summary - New Jersey v. T.L.O. | United States Courts". www.uscourts.gov. Retrieved 2024-03-19.
  5. ^ "With Sixth Pick, Whitman Adds To Imprint On Top Court". The Record. May 5, 2000. Archived from the original on October 20, 2012. Retrieved 2008-06-04.
  6. ^ Peterson, Iver (2000-05-05). "Whitman Picks Labor Lawyer for Court". The New York Times. ISSN 0362-4331. Retrieved 2024-08-30.
  7. ^ "Eileen M. O'Hern Engaged to Wed". The New York Times. November 11, 1990. Retrieved 2008-06-04.
  8. ^ "Retired Justice Daniel O'Hern dies at 78". Asbury Park Press. April 2, 2009. Retrieved April 2, 2009. [dead link]
  9. ^ Martin, Douglas (April 2, 2009). "Daniel J. O'Hern, Longtime New Jersey Supreme Court Justice, Dies at 78". The New York Times. Retrieved April 3, 2009.
  10. ^ Burton, John (November 21, 2014). "Red Bank Rail Station to Be Named for Former Mayor O'Hern". The Two River Times. Archived from the original on November 27, 2014. Retrieved November 24, 2014.
  11. ^ "Red Bank Train Station Named for Justice O'Hern". Red Bank-Shrewsbury, NJ Patch. 2011-08-23. Retrieved 2024-08-30.


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