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FD-902 (Rev. 1-25-80) FEDERAL BUREAU OF INVESTIC JN Date 14/61 On Septeaber 13, 1961. : ie, 7 » Virginia furnished the He has imown TRURGOOD MARSHALL for several years and has dealt with him in connection with "sit-ins and sit-downs" staged by Negroes at department stores and lunch counters in this area. He has never appeared in a court of law as opposing counsel against MARSHALL. He deacribed MARSHALL as an able attorney; as reliable and honest; as having a fair knowledge of the law in both civil rights and other matters; and as a loyal citizen of th: country. He stated further that, in.his opinion, MARSHALL does not have the temperament to be a United States Circuit Court Judge and that he would not recommend him for such a position. He explained that MARSHALL has “high prejudices"; is not objective; and would be biased and prejudiced in favor of wembers @his own race. He added timt MARSHALL is, like so mang attorneys, an advocate for a cause and a srudader, He asia that thease charactetatica would definitely "make MARSHALL & poor choice fer a judgeship. He pointed out that he does not think MARSHALL could be consc ie: in his decisions, although he sight think his decisions were reached from a conscientious and dispassionate standpoint. Me related that MARSHALL is such a vehement advocate on racial matters that he cannot see issues dealing with racial matters from a strictly legal standpoint; but views them fro the moral issued which, in his opinion, are involved. He commented that a judicial officer must always render decisioi on the basis of the legal facts Sresented before the court a: proven wittout basing a decision on what may or what gay not be morally right in a given set of circumstances, bre On at File # 9/13/61 #— Richmond, Virginia ~~ Richmond 77-7946 i —_ = TS neo r _— rr 9/13/€1 This docume Gipe neither recommendations nor conclusions of the FBI. It ta the property of the FB! and is leone your agency; 11 ond ite comients are not to be distributed cutaide your agency. 7 Lee fl -