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McCLAIN v. COLLEGE HOSP.

99 N.J. 346 (1985)

492 A.2d 991

VELMA MCCLAIN, GENERAL ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ELNORA LAMPLEY FANIEL, PLAINTIFF-RESPONDENT, v. COLLEGE HOSPITAL AND NEW JERSEY COLLEGE OF MEDICINE AND DENTISTRY, JOHN DOE, M.D. (FICTITIOUS NAME), RICHARD ROE, M.D. (FICTITIOUS NAME), STANLEY GREEN, M.D. (FICTITIOUS NAME), SAM BLACK, M.D. (FICTITIOUS NAME), ROBERT WHITE, M.D. (FICTITIOUS NAME), RICHARD BROWN, M.D. (FICTITIOUS NAME), JANE DOE (FICTITIOUS NAME), JANET ROE (FICTITIOUS NAME), BEVERLY GREEN (FICTITIOUS NAME), KAREN BROWN (FICTITIOUS NAME), EILEEN GRAY (FICTITIOUS NAME), DIANE WHITE (FICTITIOUS NAME), DEFENDANTS.

The Supreme Court of New Jersey.

Decided June 5, 1985.

Attorney(s) appearing for the Case

Douglas J. Harper, Deputy Attorney General, argued the cause for appellant, State Board of Medical Examiners (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, and Andrea M. Silkowitz, Deputy Attorney General, of counsel).

James J. Mahoney, Newark, argued the cause for respondent (Blume, Vazquez, Goldfaden, Berkowitz & Oliveras, Newark, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This case concerns the standard that shall govern the disclosure, for use in civil proceedings, of confidential investigative records relating to a licensing board's inquiry into a professional's acts. We hold that the standard is a showing of particularized need that outweighs the public interest in confidentiality of the investigative proceedings, taking into account (1) the extent to which the information may...

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