Letter from Attorney General Moody to Judge Craven RE: Qualification to Sit as a Circuit Judge

Public Court Documents
March 12, 1970

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Letter from Attorney General Moody to Judge Craven RE: Qualification to Sit as a Circuit Judge preview

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  • Case Files, Swann v. Charlotte-Mecklenburg Hardbacks. Letter from Attorney General Moody to Judge Craven RE: Qualification to Sit as a Circuit Judge, 1970. 3ba02fd3-2e34-f111-88b4-0022482cdbbc. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/7bcd95ad-ff65-4498-b47a-6627f5b0f481/letter-from-attorney-general-moody-to-judge-craven-re-qualification-to-sit-as-a-circuit-judge. Accessed June 02, 2026.

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     [||75c6c7c4-0100-4a5f-bb9d-2dcb151d70b4||] ROBERT MORGAN State of North arolina 
ATTORNEY GENERAL 

Bepartuent of Justice 

P. O. Box 629 

RALEIGH 

27602 

12 March 1970 

The Honorable J. Braxton Craven, Jr. ' 
Judge of the United States Court of Appeals 

for the Fourth Circuit 
P. O. Drawer 491 
Asheville, North Carolina 28802 

Re: Swann, et al. v. Charlotte-Mecklenburg Bard of 
Education, North Carolina State Board of Education, 
et al. 

Dear Judge Craven: 

We have just received copy of your letter relating to 28 USC 47. 
We have also read copy of letter to you signed by Mr. J. Levonne 

Chambers, of Counsel for the Plaintiffs. 

As you know, this office represents the State defendants: North 
Carolina State Board of Education, State Superintendent of Public 
Instruction, Governor Robert W. Scott, and A. C. Davis, Controller 
of the State Board of Education; and also the Honorable William K. | 

McLean, Judge of the Superior Court, and the Honorable James H. 

Carson, Jr. 

We certainly agree that you are not at all disqualified from sit- 

ting as one of the Judges on the 3-Judge Panel which is to hear this case 
on March 24, 1970, at Charlotte, North Carolina. 

E
e
 

As to your sitting as a Circuit Judge on the appeal of the Local 
Board of Education from certain orders of Judge McMillan, we are not 

  

 



  

The Hon. J. Braxton Craven, Jr, 
12 March 1970 
Page 2 

parties to that appeal and express no official opinion. As a personal 

opinion, the writer feels that your judicial action as a District Judge 
back in the early part of the year 1965, is not before the Circuit 
Court for consideration, and, therefore, you would nd be disqualified 
to sit as a Circuit Judge. 

Yours very truly, 

ROBERT MORGAN 
Attorney General 

J 7 / 

/ NN 7 4 

Ralph Moody 1 

Deputy Attorney General 

RM:cap 

ccs: To Counsel of Interested Parties. | [||75c6c7c4-0100-4a5f-bb9d-2dcb151d70b4||]

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