Daniel Joseph O'Hern
American judge (1930–2009)
title: "Daniel Joseph O'Hern" type: doc version: 1 created: 2026-02-28 author: "Wikipedia contributors" status: active scope: public tags: ["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"] description: "American judge (1930–2009)" topic_path: "law" source: "https://en.wikipedia.org/wiki/Daniel_Joseph_O'Hern" license: "CC BY-SA 4.0" wikipedia_page_id: 0 wikipedia_revision_id: 0
::summary American judge (1930–2009) ::
::data[format=table title="Infobox officeholder"]
| Field | Value |
|---|---|
| name | 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 |
| office2 | Mayor of Red Bank, New Jersey |
| term_start2 | 1969 |
| term_end2 | 1978 |
| predecessor2 | John P. Arnone |
| successor2 | Michael Arnone |
| birth_date | |
| birth_place | Red Bank, New Jersey |
| death_date | |
| death_place | Red Bank, New Jersey |
| spouse | Barbara |
| alma_mater | Fordham University |
| Harvard University | |
| allegiance | United States |
| branch | United States Navy |
| serviceyears | 1951–1954 |
| rank | [[File:US Navy O2 infobox.svg |
| battles | Korean War |
| :: |
| name = Daniel Joseph O'Hern | image = | imagesize = | caption = | 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 | office2 = Mayor of Red Bank, New Jersey | term_start2 = 1969 | term_end2 = 1978 | predecessor2 = John P. Arnone | successor2 = Michael Arnone | birth_date = | birth_place = Red Bank, New Jersey | death_date = | death_place = Red Bank, New Jersey | spouse = Barbara | alma_mater = Fordham University Harvard University | allegiance = United States | branch = United States Navy | serviceyears = 1951–1954 | rank = [[File:US Navy O2 infobox.svg|25px]] 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.
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.
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.
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.{{cite news |title=With Sixth Pick, Whitman Adds To Imprint On Top Court |url=http://www.highbeam.com/doc/1P1-26441585.html |archive-url=https://web.archive.org/web/20121020062147/http://www.highbeam.com/doc/1P1-26441585.html |url-status=dead |archive-date=October 20, 2012 |publisher=The Record |date= May 5, 2000 |access-date=2008-06-04 }}
Personal life
O'Hern and his wife Barbara have been residents of Little Silver, New Jersey.
O'Hern died at age 78 on April 1, 2009, due to brain cancer 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.
References
References
- (2000-08-17). "Justice O'Hern Celebrates 70th Birthday and Retirement from NJ Supreme Court".
- "Associate Justice Daniel J. O'Hern {{!}} NJ Courts".
- Sullivan, Joseph F.. (9 August 1983). "SEARCHES LIMITED IN JERSEY SCHOOLS". [[The New York Times]].
- "Facts and Case Summary - New Jersey v. T.L.O. {{!}} United States Courts".
- Peterson, Iver. (2000-05-05). "Whitman Picks Labor Lawyer for Court". The New York Times.
- (November 11, 1990). "Eileen M. O'Hern Engaged to Wed". [[The New York Times]].
- (April 2, 2009). "Retired Justice Daniel O'Hern dies at 78". [[Asbury Park Press]].
- Martin, Douglas. (April 2, 2009). "Daniel J. O'Hern, Longtime New Jersey Supreme Court Justice, Dies at 78". The New York Times.
- (November 21, 2014). "Red Bank Rail Station to Be Named for Former Mayor O'Hern". The Two River Times.
- (2011-08-23). "Red Bank Train Station Named for Justice O'Hern".
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