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IN RE REVOCATION OF THE LICENSE POLK

90 N.J. 550 (1982)

449 A.2d 7

IN THE MATTER OF THE REVOCATION OF THE LICENSE OF IRWIN JACOB POLK, M.D., LICENSE NO. 141816 TO PRACTICE MEDICINE AND SURGERY IN THE STATE OF NEW JERSEY.

The Supreme Court of New Jersey.

Decided July 30, 1982.

Attorney(s) appearing for the Case

Bertram P. Goltz, Jr., Deputy Attorney General, argued the cause for appellant State Board of Medical Examiners (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Erminie L. Conley, former Assistant Attorney General, of counsel).

Lewis Cohn argued the cause for respondent Irwin Jacob Polk, M.D. (Sills, Beck, Cummis, Radin & Tischman, attorneys; Arthur J. Sills, of counsel).

The opinion of the Court was delivered by HANDLER, J.

This appeal involves the revocation of a medical doctor's license by the State Board of Medical Examiners for violations of New Jersey statutes regulating the practice of medicine. The primary question presented is whether such violations must be established by clear and convincing evidence rather than by a preponderance of the evidence. The doctor whose license was revoked contends that the use of the lesser burden...

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