Morris Pashman (September 27, 1912 – October 3, 1999) was a justice of the
New Jersey Supreme Court
The Supreme Court of New Jersey is the supreme court, highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases cha ...
, and before that a judge on
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts: under Article Six of the State Consti ...
and Mayor of Passaic, New Jersey. On the New Jersey Supreme Court, Pashman issued opinions in two major murder cases, advocated for the equal citizenship rights of the mentally handicapped and was one of the few dissenting votes objecting to the jailing of a reporter who refused to turn over his notes in a murder case.
The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'', October 10, 1999. Accessed October 19, 2009. and attended
Passaic High School
Passaic High School is a four-year community public high school serving students in ninth through twelfth grades from Passaic, in Passaic County, in the U.S. state of New Jersey, operating as part of the Passaic City School District. The school ...
, before moving on to
New York University
New York University (NYU) is a private university, private research university in New York City, New York, United States. Chartered in 1831 by the New York State Legislature, NYU was founded in 1832 by Albert Gallatin as a Nondenominational ...
and the
University of Michigan
The University of Michigan (U-M, U of M, or Michigan) is a public university, public research university in Ann Arbor, Michigan, United States. Founded in 1817, it is the oldest institution of higher education in the state. The University of Mi ...
. He graduated from
Rutgers School of Law—Newark
Rutgers University ( ), officially Rutgers, The State University of New Jersey, is a Public university, public land-grant research university consisting of three campuses in New Jersey. Chartered in 1766, Rutgers was originally called Queen's C ...
The Record (Bergen County)
''The Record'' (also called ''The North Jersey Record'', ''The Bergen Record'', ''The Sunday Record'' (Sunday edition) and formerly ''The Bergen Evening Record'') is a newspaper in New Jersey, United States. Serving Bergen, Essex, Hudson and ...
'', October 4, 1999. Accessed October 19, 2009.
After spending time in private practice, Pashman was named in 1946 to serve in Passaic on its police court, and later on its municipal court. Elected Mayor of Passaic in 1951, he served until 1955 and then served as city commissioner and director of revenue and finance.
Superior Court
After two years on Passaic County Court,
Governor of New Jersey
The governor of New Jersey is the head of government of the U.S. state of New Jersey. The office of governor is an elected position with a four-year term. There is a two consecutive term limit, with no limitation on non-consecutive terms. The ...
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts: under Article Six of the State Consti ...
in 1961. He became the assignment judge for Passaic County in 1965 and for
Bergen County
Bergen County is the List of counties in New Jersey, most populous County (United States), county in the U.S. state of New Jersey.Guy W. Calissi's decision to ban the sale of the
John Cleland
John Cleland (24 September 1709 – 23 January 1789) was an English novelist best known for his fictional '' Fanny Hill: or, the Memoirs of a Woman of Pleasure'', whose eroticism led to his arrest. James Boswell called him "a sly, old malcont ...
book ''
Fanny Hill
''Memoirs of a Woman of Pleasure'' – popularly known as ''Fanny Hill'' – is an erotic novel by the English novelist John Cleland first published in London in 1748 and 1749. Written while the author was in debtors' prison in London,Wagne ...
'' in New Jersey, calling the book "sufficiently obscene to forfeit the protection of the First Amendment of the Constitution." In addition to failing tests of "social value," "prurient interest" and "patently offensive," Pashman ruled that ''Fanny Hill'' failed the "hard-core pornography test," noting that the "book may be well-written but still obscene." The decision was overturned, and Pashman would later call his actions in the case an "aberration," saying that "I think every judge or justice is entitled to one."
In a 1966 ruling in a case filed by the
Passaic County
Passaic County ( or ) is a county in the U.S. state of New Jersey that is part of the New York metropolitan area. As of the 2020 United States census, the county was the state's eighth-most-populous county,
Bar Association, Pashman's decision stated that the Passaic County
Board of Chosen Freeholders
In New Jersey, a Board of County Commissioners (until 2020 named the Board of Chosen Freeholders) is the elected county-wide government board in each of the state's 21 counties. In the five counties that have an elected county executive, the ...
was obligated to replace the county courthouse due to inadequate conditions in the building. A new building was constructed within four years of the order.
In 1971 Judge Pashman agreed to a plea bargain that allowed Edgar Smith to go free with a time-served sentence. Smith had been convicted of the 1957 murder of a 15-year-old cheerleader and was sentenced to death. However, in 1971 a federal judge vacated the conviction and sentence, holding that Smith's post-arrest statement/confession had been coerced and had to be excluded at retrial. The State prosecutor was concerned that without that critical evidence the case was significantly weakened and agreed to allow Smith to plead guilty to second-degree murder with time served (14 years).
New Jersey Supreme Court
Governor William T. Cahill named Pashman to serve as a justice of the
New Jersey Supreme Court
The Supreme Court of New Jersey is the supreme court, highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases cha ...
in April 1973 to replace Justice Haydn Proctor.
In the 1978 "Dr. X" murder trial of
Mario Jascalevich The "Dr. X" killings were a series of suspicious deaths by curare poisoning, in 1966 at a Bergen County, New Jersey hospital. A newspaper investigation during the mid-1970s led to the indictment of an Argentina-born physician, Mario Enrique Jascalev ...
The New York Times
''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' be sent to jail for refusing to turn over notes to the defense attorney. When Farber was about to be jailed, his attorneys filed for an emergency stay on a weekend and Pashman arrived in his golfing attire to grant the stay. When the full court heard the case the next day, Pashman was the only dissenter as the court upheld the lower court ruling and ordered that Farber serve time in jail. When the court reaffirmed the lower court action in a decision in September 1978, Pashman and fellow Justice Alan B. Handler were the only dissenters.
In another 1978 case, this on challenging New Jersey's
Blue Law
Blue laws (also known as Sunday laws, Sunday trade laws, and Sunday closing laws) are laws restricting or banning certain activities on specified days, usually Sundays in the western world. The laws were adopted originally for Religion, religio ...
s, the court ruled 5–2 to uphold the laws then in effect in 10 of the state's 21 counties restricting sales of certain products on Sundays. Handler and Pashman were the only dissenters, with Pashman saying that the law fails the too-frequently ignored "test of common sense" and that it improperly grants government the right to tell people what to do "for their own good."
Pashman reached the mandatory retirement age of 70 in 1982.
Death
A resident of
Clifton, New Jersey
Clifton is a city in Passaic County, in the U.S. state of New Jersey. Criss-crossed by several major highways, the city is a regional commercial hub for North Jersey and is a bedroom suburb of New York City in the New York Metropolitan Area.L ...
who continued his work in the legal profession until days before his death, Pashman died at
Columbia-Presbyterian Medical Center
Columbia University Irving Medical Center (CUIMC) is the academic medical center of Columbia University and the largest campus of NewYork-Presbyterian Hospital. The center's academic wing consists of Columbia's colleges and schools of Physician ...
at age 87 on October 3, 1999.via
Associated Press
The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City.
Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
Asbury Park Press
The ''Asbury Park Press'', formerly known as the ''Shore Press'', ''Daily Press'', ''Asbury Park Daily Press'', and ''Asbury Park Evening Press'', is the third largest daily newspaper in the state of New Jersey. Established in 1879, it has been o ...
'', October 5, 1999. Accessed May 15, 2022, via
Newspapers.com
Ancestry.com LLC is an American genealogy company based in Lehi, Utah. The largest for-profit genealogy company in the world, it operates a network of genealogical, historical records, and related genetic genealogy websites. It is owned by The ...
. "He worked until about 10 days ago, chairing a state Supreme Court advisory committee on judicial conduct the day before he took ill. He died at Columbia Presbyterian Hospital in New York." He was survived by a daughter, a son, four grandsons, and three great-grandchildren.
See also
*
List of Jewish American jurists
This is a list of notable Jewish American jurists. For other famous Jewish Americans, see Lists of American Jews.
Supreme Court of the United States
United States courts of appeals
United States district courts
* Ronnie Abrams, J ...