(Source; Asbury Park Press, 19-Dec-2005)

FORMER JUSTICE REMAINS ACTIVE


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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