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Daniel J. O'Hern ended his 19-year tenure as a state Supreme Court justice in
May 2000, forced to step down after reaching the mandatory retirement age of 70.
Yet for the last five years, the longtime judge, attorney and politician has
not slowed down, remaining active practicing law in Red Bank, where he has Lived most of his life.
“I'm about three-quarter speed now,” O'Hern said.
O'Hern spent 38 years in public service as mayor of Red Bank, commissioner
of the state Department of Environmental Protection and as an associate
justice on the state's highest court.
Yet despite a long, high-profile career, O'Hern, at 75, still enjoys working,
though he admits his grandchildren also warrant much of his time and
attention. “I could not sit around and play golf or tennis all
day,” he said.
So when O'Hern is not traveling, another of his passions, he serves as special counsel to the law firm of Becker Meisel,
practicing in Red Bank and concentrating on the areas of appellate practice, alternative dispute resolution
and mediation.
“General run-of-the mill legal work,” as O'Hern describes it.
For nearly two decades, starting in 1981, O'Hern had been part of a state
Supreme Court that ruled in several precedent-setting cases, including
the 1988 Baby M decision that banned surrogate-mother contracts, the 1995
ruling that Megan's Law does not constitute additional punishment for released
sex offenders when communities are notified of their presence and the death
penalty appeals of Robert 0. Marshall and Marko Bey.
The court, during O'Hern's tenure, also handed down the 1990 Abbott v. Burke
school funding decision ordering extra money to go to the poorest school
districts, and the 1983 Mount Laurel 11 decision requiring developing towns to
provide their fair share of affordable housing.
It was the first state Supreme Court to rule against the Boy Scouts of America's
ban against gay scout leaders.
O'Hern's
tenure as a state supreme court justice has limited what he can do now
as a lawyer. Because he collects a pension as a former judge, he is prohibited
from practicing in state court. Yet O'Hern still finds himself working
on high-profile legal cases. His firm has been involved in the redevelopment
of the city of Asbury Park.
“It's not without controversy but we think it is very good for the city,” he
said. “Everyone in Monmouth County has an affectionate memory
of Asbury Park.”
In November 2004, O'Hern also was appointed by acting Gov. Codey as part of
a special ethics counsel to develop statewide reforms “with teeth
in it,” according to the former judge.
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