Morris Pashman
Encyclopedia
Morris Pashman was an American
Republican Party
politician and attorney who served as Mayor of Passaic, New Jersey
before spending 23 years as a judge, 10 of them on the New Jersey Supreme Court
. On the state's highest court, he ruled the book Fanny Hill
obscene and banned its publishing in the state, issued rulings 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.
in 1936.
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.
Robert B. Meyner
appointed him to New Jersey Superior Court
in 1961. He become the assignment judge for Passaic County in 1965 and for Bergen County
in 1966.
In a 1964 decision, Pashman upheld Bergen County prosecutor Guy W. Calissi
's decision to ban the sale of the John Cleland
book Fanny Hill 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
Bar Association, Pashman's decision stated that the Passaic County Board of Chosen Freeholders
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 a 1971 case, Pashman agreed to a plea bargain that would allow Edgar Smith
to go free based on time served. Smith had been convicted of the 1957 murder of a 15-year-old cheerleader and assessed the death sentence, but the prosecutor later disclosed that critical evidence in the case was no longer available and agreed to allow Smith to plead guilty to second-degree murder, fearing that Smith would be able to claim false imprisonment.
named Pashman to serve as a Justice on the New Jersey Supreme Court
in April 1973 to replace Justice Haydn Proctor
.
In the 1978 "Dr. X" murder trial of Mario Jascalevich
, Judge Theodore Trautwein
had ordered that reporter M. A. Farber
of The New York Times
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
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.
, Pashman died in a New York City hospital at age 87 on October 3, 1999. He was survived by a daughter, a son, four grandsons, and three great-grandchildren.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
politician and attorney who served as Mayor of Passaic, New Jersey
Mayor of Passaic, New Jersey
*Alex Blanco 2008 to present *Gary Schaer ? to 2008*Samuel Rivera circa 2007 *Joseph Lipari 1983 to circa 1993 *Robert C. Hare ? to 1983 *Morris Pashman 1951 to 1955*Benjamin Franklin Turner, Sr. circa 1930...
before spending 23 years as a judge, 10 of them on the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
. On the state's highest court, he ruled the book Fanny Hill
Fanny Hill
Memoirs of a Woman of Pleasure is an erotic novel by John Cleland first published in England in 1748...
obscene and banned its publishing in the state, issued rulings 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.
Early life and career
Pashman was born in Passaic on September 27, 1912. He graduated from Rutgers School of Law—NewarkRutgers School of Law—Newark
Rutgers School of Law–Newark is the oldest of three law schools in the U.S. state of New Jersey. It is located at the S.I. Newhouse Center for Law and Justice, at 123 Washington Street, in downtown Newark...
in 1936.
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 JerseyGovernor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
Robert B. Meyner
Robert B. Meyner
Robert Baumle Meyner of Phillipsburg, New Jersey was an American Democratic Party politician, who served as the 44th Governor of New Jersey, from 1954 to 1962...
appointed him to New Jersey Superior Court
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts...
in 1961. He become the assignment judge for Passaic County in 1965 and for Bergen County
Bergen County, New Jersey
Bergen County is the most populous county of the state of New Jersey, United States. As of the 2010 United States Census, its population was 905,116. The county is part of the New York City Metropolitan Area. Its county seat is Hackensack...
in 1966.
In a 1964 decision, Pashman upheld Bergen County prosecutor Guy W. Calissi
Guy W. Calissi
Guy W. Calissi , was an American Democratic Party politician, prosecutor, lawyer and judge, who served for seven years as mayor of Wood-Ridge, New Jersey, 16 years as Bergen County, New Jersey prosecutor and was appointed in 1970 to serve as a judge on New Jersey Superior Court, a post he served...
's decision to ban the sale of the John Cleland
John Cleland
John Cleland was an English novelist most famous and infamous as the author of Fanny Hill: or, the Memoirs of a Woman of Pleasure....
book Fanny Hill 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, New Jersey
Passaic County is a county located in the U.S. state of New Jersey. As of the 2010 Census, the population was 501,226. Its county seat is Paterson...
Bar Association, Pashman's decision stated that the Passaic County Board of Chosen Freeholders
Board of Chosen Freeholders
In New Jersey, the Boards of Chosen Freeholders are the county legislatures in each of that state's 21 counties.- Origin :New Jersey's system of naming county legislators "freeholders" is unique in the United States...
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 a 1971 case, Pashman agreed to a plea bargain that would allow Edgar Smith
Edgar Smith
Edgar Smith is an American convicted murderer, who was once on Death Row for the 1957 murder of fifteen-year-old honor student and cheer leader Victoria Ann Zielinski. Vigorously contesting his conviction through the courts and in the media, Smith became a celebrity, and his case was argued in...
to go free based on time served. Smith had been convicted of the 1957 murder of a 15-year-old cheerleader and assessed the death sentence, but the prosecutor later disclosed that critical evidence in the case was no longer available and agreed to allow Smith to plead guilty to second-degree murder, fearing that Smith would be able to claim false imprisonment.
New Jersey Supreme Court
Governor William T. CahillWilliam T. Cahill
William Thomas Cahill was an American Republican Party politician who served as the 46th Governor of New Jersey, from 1970 to 1974, and who represented New Jersey's 1st congressional district in the U.S...
named Pashman to serve as a Justice on the New Jersey Supreme Court
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
in April 1973 to replace Justice Haydn Proctor
Haydn Proctor
Haydn Proctor was an American politician and judge who served as President of the New Jersey Senate and Associate Justice of the New Jersey Supreme Court.-Biography:...
.
In the 1978 "Dr. X" murder trial of Mario Jascalevich
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-1960s led to the indictment of an Argentina-born physician, Mario Enrique Jascalevich , in 1976...
, Judge Theodore Trautwein
Theodore Trautwein
Theodore Walter Trautwein was an American judge from New Jersey who presided over issues related to release of reporter's notes that arose from the 1978 murder trial of "Dr...
had ordered that reporter M. A. Farber
M. A. Farber
Myron A. Farber is an American newspaper reporter for The New York Times, whose investigations into the deaths of several patients at an Oradell, New Jersey hospital led to the murder trial of Dr. Mario Jascalevich, a physician at the hospital who was alleged to have used a powerful muscle...
of The New York Times
The New York Times
The New York Times is an American daily newspaper founded and continuously published in New York City since 1851. The New York Times has won 106 Pulitzer Prizes, the most of any news organization...
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
Alan B. Handler
Alan B. Handler served as a New Jersey Supreme Court Justice from 1977 until 1999.-Early life:Handler was born in Newark, New Jersey in 1931. He attended Newark Academy and then Princeton University, graduating with a B.A. degree from the Woodrow Wilson School of Public and International Affairs...
were the only dissenters.
In another 1978 case, this on challenging New Jersey's Blue Law
Blue law
A blue law is a type of law, typically found in the United States and, formerly, in Canada, designed to enforce religious standards, particularly the observance of Sunday as a day of worship or rest, and a restriction on Sunday shopping...
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 JerseyClifton, New Jersey
Clifton is a city in Passaic County, New Jersey, United States. As of the 2010 United States Census, the city had a total population of 84,136. The 2010 population represented an increase of 5,464 residents from its population of 78,672 in the 2000 Census, making it the state's 11th largest...
, Pashman died in a New York City hospital at age 87 on October 3, 1999. He was survived by a daughter, a son, four grandsons, and three great-grandchildren.