Letter from Judge Craven, Jr. to Counsel of Record RE: Qualifications to Sit as Circuit Court Judge

Public Court Documents
March 11, 1970

Cite this item

Letter from Judge Craven, Jr. to Counsel of Record RE: Qualifications to Sit as Circuit Court Judge preview

2 pages

Document text

The following text has been generated automatically during the document scanning process. It may contain errors, omissions, or incorrect formatting. Please refer to the PDF document if this text is not usable.

Download

By downloading, publishing, or reusing the Materials outside of the Website, you hereby confirm and attest that you have read and agree to the LDF Archival Collection Terms of Use linked below. We draw your attention to the following:

For those Materials owned by LDF, your use of the Material outside the Site is solely for one or more of the following (the “Permitted Purposes”):

Non-commercial research and private study;
Teaching, scholarship and instruction (including distance learning);
Non-commercial print and non-commercial online use;
Criticism, comment or news reporting; or
For people with visual disabilities (See Section 121 of the Copyright Act).
For those Materials not owned by LDF you understand that:
- It is your responsibility to determine whether the way you plan to use the materials falls within the copyright exception of Fair Use.
- For any use outside of Fair Use, it is your responsibility to seek and obtain all required permissions from any existing rights holders.

LDF hereby grants you the right to use LDF owned Materials for the Permitted Purposes without seeking further permission from LDF.

If you publish or redistribute any Materials (including excerpts and quotes), you must include a credit line and/or proper citation to the source of the Material. However, you may not use the name of LDF in any manner which creates any false association between you and LDF or that incorrectly implies any sponsorship or endorsement of you by LDF.

NOTICE: Uses that do not comply with these Terms or that do not fall under Fair Use (or another exception) may make you liable for copyright infringement.

Read the full LDF Archival Collection Terms of Use Here.

I agree to the terms and conditions for use of this content.

If you would like to use this content in other ways, contact us at .

Topic
- Educational Equity
LDF Attorneys
Cooperating Attorneys
Organizations
Matter
- Swann v. Charlotte-Mecklenburg
Case
- Swann v. Charlotte-Mecklenburg Board of Education
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- 6fe73e37-2e34-f111-88b4-7c1e526962fd

Cite this item

Case Files, Swann v. Charlotte-Mecklenburg Hardbacks. Letter from Judge Craven, Jr. to Counsel of Record RE: Qualifications to Sit as Circuit Court Judge, 1970. 6fe73e37-2e34-f111-88b4-7c1e526962fd. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/9ff77172-c4e7-4482-857f-860f6840f48f/letter-from-judge-craven-jr-to-counsel-of-record-re-qualifications-to-sit-as-circuit-court-judge. Accessed June 02, 2026.

Copied!

     [||bb91972c-338b-4869-a9b1-1bfa754023ba||] * » 
UNITED STATES COURT OF APPEALS 

FOURTH JubDIcIAL CIRCUIT 

March 11, 1970 
CHAMBERS OF 

J. BRAXTON CRAVEN, JR. 

UNITED AES. GlRcu, JUDGE 

P. 0. ———" 491 
Asheville, N. C. 2088( 

Mr. Benjamin 8. Horack, Ervin, Horack & McCartha, 806 
East Trade Street, Charlotte, North Carolina 

Mr. William J. Waggoner, Welnstein, Waggoner, Sturges, 
Odom & , Bigger, 1100 Barringer Office Tower, 
Charlotte, North Car olina 

Mr. Conrad 0. Pearson, 203 1/2 East Chapel Hill Street, 
Durham, North Carolina 

Chambers, Stein, Ferguson & Lanning, 216 West 10th Street, 
Charlotte, North Carolina 

Messrs. Jack Greenberg, James M. Habrit, III, and Norman 
Chackin, 10 Columbug Circle, Rew York, x. ) £ 

Mr. Brock Barkley, law Bullding, Charlotte, Horth Carolina 
Mr. Gaston H. Gage, Grier, Parker, Poe, Thompson, Bernstein, 

Gage & Preston, 1014 Law Bullding, Charlotte, North 

Carolina 
Honorable Robert Morgan, Attorney General of North Carolina, 

P. 0. Box 629, Raleigh, North Carolina 27602 
Mr. Janes H. Carson, Jr., Law Building, Charlotte, North 

Carolinas 
Mr. William H. Booe, law Building gs Charlotte, Rorth Carolina 
Mr. Whiteford 8. Blakeney, North Carolina National Bank 

Building, Charlotte, North Carolinas 

(Counsel of record in Swann, et al. v. Charlotte-Mecklenburg 
Board of Bducation and related or companlon cases) 
  

  

Gentlemen: 

By letter dated March 3, 1970, copy of which is attached, 
Mr. Chambers commendably called to ny attention 28 U.S.C. 
47. Thus far I have not discovered that the current 
gtatute has been interpreted by the Supreme Court, but the 
predecessor statute has been sald to mean that the statute 
is a nonwaivable bar that prevents a judge from sitting in 
the circuit court of appeals on a question which the judge 
has tried or heard in the course of the proceedings in the 
court below. For your information, I enclose herewith a 
copy of & memorandum made for me by my law clerk, David 
Moore. 1 have decided to treat Mr. Chambers' letter of 
March 3 as & motion addressed to me to conslder whether 
or not I am disqualified by the statute from participating [||bb91972c-338b-4869-a9b1-1bfa754023ba||]

Copyright notice

This collection and the tools to navigate it (the “Collection”) are available to the public for general educational and research purposes, as well as to preserve and contextualize the history of the content and materials it contains (the “Materials”). Like other archival collections, such as those found in libraries, LDF owns the physical source Materials that have been digitized for the Collection; however, LDF does not own the underlying copyright or other rights in all items and there are limits on how you can use the Materials. By accessing and using the Material, you acknowledge your agreement to the Terms. If you do not agree, please do not use the Materials.

Additional info

To the extent that LDF includes information about the Materials’ origins or ownership or provides summaries or transcripts of original source Materials, LDF does not warrant or guarantee the accuracy of such information, transcripts or summaries, and shall not be responsible for any inaccuracies.

Letter from Judge Craven, Jr. to Counsel of Record RE: Qualifications to Sit as Circuit Court Judge

Topic

LDF Attorneys

Cooperating Attorneys

Organizations

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

You may also be interested in