Daniel Joseph O'Hern explained

Daniel Joseph O'Hern
Office:Associate Justice of the New Jersey Supreme Court
Nominator:Brendan Byrne
Predecessor:Mark A. Sullivan
Successor:James R. Zazzali
Term Start:August 6, 1981
Term End:2000
Office1:Commissioner of the New Jersey Department of Environmental Protection
Governor1:Brendan Byrne
Term Start1:May 12, 1978
Term End1:July 16, 1979
Predecessor1:Rocco D. Ricci
Successor1:Jerry F. English
Term Start2:1969
Term End2:1978
Predecessor2:John P. Arnone
Successor2:Michael Arnone
Birth Date:23 May 1930
Birth Place:Red Bank, New Jersey
Death Place:Red Bank, New Jersey
Spouse:Barbara
Allegiance: United States
Serviceyears:1951–1954
Rank: Lieutenant (junior grade)
Battles:Korean 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

O'Hern was born in Red Bank in 1930 and attended Regis High School on the Upper East Side of Manhattan. He graduated from Fordham College in 1951. 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).[2] [3]

He retired at age 70, and was replaced by James R. Zazzali.[4]

Personal life

O'Hern and his wife Barbara have been residents of Little Silver, New Jersey.[1] They have a daughter.[5]

O'Hern died at age 78 on April 1, 2009, due to brain cancer at his home in Red Bank.[6]

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.[7]

The train station in Red Bank was named in his honor in November 2014.[8]

See also

External links

Notes and References

  1. Web site: 2000-08-17 . Justice O'Hern Celebrates 70th Birthday and Retirement from NJ Supreme Court . 2024-03-19 . web.archive.org.
  2. News: Sullivan . Joseph F. . 9 August 1983 . SEARCHES LIMITED IN JERSEY SCHOOLS . 19 March 2024 . . 1.
  3. Web site: Facts and Case Summary - New Jersey v. T.L.O. United States Courts . 2024-03-19 . www.uscourts.gov . en.
  4. News: With Sixth Pick, Whitman Adds To Imprint On Top Court . https://web.archive.org/web/20121020062147/http://www.highbeam.com/doc/1P1-26441585.html . dead . October 20, 2012 . . May 5, 2000 . 2008-06-04 .
  5. News: Eileen M. O'Hern Engaged to Wed . . November 11, 1990 . 2008-06-04 .
  6. News: Retired Justice Daniel O'Hern dies at 78. Asbury Park Press. April 2, 2009. April 2, 2009.
  7. Web site: Martin . Douglas . April 2, 2009 . Daniel J. O'Hern, Longtime New Jersey Supreme Court Justice, Dies at 78 . April 3, 2009 . The New York Times.
  8. News: Burton . John . November 21, 2014 . Red Bank Rail Station to Be Named for Former Mayor O'Hern . dead . https://web.archive.org/web/20141127155800/http://trtnj.com/red-bank-rail-station-to-be-named-for-former-mayor-ohern/ . November 27, 2014 . November 24, 2014 . The Two River Times.