Raymond B. Mallard Papers, 1937-1970s

Collection Number: 05518

Collection Title: Raymond B. Mallard Papers, 1937-1970s

This is a finding aid. It is a description of archival material held in the Wilson Library at the University of North Carolina at Chapel Hill. Unless otherwise noted, the materials described below are physically available in our reading room, and not digitally available through the World Wide Web. See the Duplication Policy section for more information.

Expand/collapse Collection Overview

Size	24.0 feet of linear shelf space (approximately 12,500 items)
Abstract	Raymond Bowden Mallard was born in Faison, N.C., in 1908. He was an attorney, state legislator, North Carolina Superior Court judge, and first chief judge of the North Carolina State Court of Appeals. Mallard died in 1979 in Tabor City, N.C. The collection documents Raymond B. Mallard's judicial career and related civic activities. Materials include correspondence; briefs and other legal documents for a variety of cases, most of which probably duplicate the official records that are filed with the North Carolina Court System; writings; court notes; his diary from the Superior Court special terms of 1964; informal notes and annotations on envelopes and other materials; speeches; newspaper clippings; and photographs, including a few relating to the civil rights protests in Chapel Hill, N.C. The bulk of the materials documents Mallard's judicial career on the North Carolina Superior Court and the North Carolina Court of Appeals. Topics include the establishment and function of the Court of Appeals; the trials stemming from the civil rights demonstrations in Chapel Hill; the North Carolina Civil Rights Advisory Committee's reports on African American participation in instrumentalities of justice and voting history; judicial responsibility for protection of rights of the defendant in high profile cases; preparation and delivery of jury charges; inherent powers of the courts of North Carolina; the Henderson Cotton Mills trials; conflicts with the State Bureau of Investigation (SBI); inmate requests for parole and Mallard's opinions on criminal recidivism; his interest in student activism on campus; and the North Carolina Bar Association position on legal aid clinics. The collection also documents Mallard's early work as an attorney for the town of Tabor City, N.C., and board of trustee matters at Pembroke State College, including the conflict over administrative decisions and planning that purportedly diminished the roles and presence of Native Americans at the school.
Creator	Mallard, Raymond B.
Curatorial Unit	University of North Carolina at Chapel Hill. Library. Southern Historical Collection.
Language	English

Expand/collapse Information For Users

Restrictions to Access: No restrictions. Open for research.

Restrictions to Use: No usage restrictions.

Copyright Notice: Copyright is retained by the authors of items in these papers, or their descendants, as stipulated by United States copyright law.

Preferred Citation: [Identification of item], in the Raymond B. Mallard Papers #5518, Southern Historical Collection, The Wilson Library, University of North Carolina at Chapel Hill.

Acquisitions Information: Transferred from Danny Moody, on behalf of the North Carolina Supreme Court Historical Society in February 2012 (Acc. 101566).

Sensitive Materials Statement: Manuscript collections and archival records may contain materials with sensitive or confidential information that is protected under federal or state right to privacy laws and regulations, the North Carolina Public Records Act (N.C.G.S. § 132 1 et seq.), and Article 7 of the North Carolina State Personnel Act (Privacy of State Employee Personnel Records, N.C.G.S. § 126-22 et seq.). Researchers are advised that the disclosure of certain information pertaining to identifiable living individuals represented in this collection without the consent of those individuals may have legal ramifications (e.g., a cause of action under common law for invasion of privacy may arise if facts concerning an individual's private life are published that would be deemed highly offensive to a reasonable person) for which the University of North Carolina at Chapel Hill assumes no responsibility.

Expand/collapse Processing Information

Processed by: Nancy Kaiser and Armando Suarez, May 2012

Encoded by: Armando Suarez, May 2012

Expand/collapse Subject Headings

The following terms from Library of Congress Subject Headings suggest topics, persons, geography, etc. interspersed through the entire collection; the terms do not usually represent discrete and easily identifiable portions of the collection--such as folders or items.

Clicking on a subject heading below will take you into the University Library's online catalog.

Expand/collapse Biographical Information

Raymond Bowden Mallard was born in Faison, N.C., on 20 February 1908 to J.R. Mallard and Eva Bowden Mallard. He was an attorney, state legislator, North Carolina Superior Court judge, and first chief judge of the North Carolina State Court of Appeals. His grandfather, S.A. Bowden, was a farmer and friends with a number of lawyers in the community and was influential in Mallard's interest in law.

Mallard earned a law degree from the Wake Forest College School of Law in 1931. From 1931 to 1955, he practiced law in a number of public offices. In 1939, Mallard was elected as a Democrat to the North Carolina State House of Representatives, where he served for a single session then chose not to run for reelection. During World War II, he enlisted at Fort Bragg, N.C., and served one year in the United States Army.

In July 1955, Mallard was appointed by North Carolina Governor Luther Hodges as judge of the Superior Court, where he served twelve years in various locations within the state. During this time, he presided over several historically significant trials in North Carolina, including the Henderson strike trials in 1959, involving eight union men accused of plotting to cripple the Harriet-Henderson Cotton Mills in Vance County, N.C. In 1964, he presided over a series of trespassing cases involving civil rights demonstrations in Chapel Hill, N.C.

In July 1967, Mallard was appointed to the North Carolina Court of Appeals and was immediately named the court's first chief judge. He served in that capacity until the announcement of his retirement on August 1973 and was then named Emergency Judge of the Court of Appeals, taking cases as his health permitted. During his long career as a jurist, Mallard was known for running his courtroom with an iron fist but a fair hand.

In 1935, Mallard married Lula McGougan Mallard. He and his wife had one daughter, Anne Elizabeth Sanders. Raymond B. Mallard died 20 July 1979 in Tabor City, N.C.

Expand/collapse Scope and Content

The Raymond B. Mallard Papers document his judicial career and related civic activities. Materials include correspondence; briefs and other legal documents, most of which probably duplicate the official records that are filed with the North Carolina Court System; writings; handwritten and typewritten court notes; his diary from the Superior Court special terms of 1964; informal notes and annotations on envelopes and other materials; speeches given to the judges' conference, bar and other legal associations, church groups, and various civic organizations; newspaper clippings; and photographs, including some relating to the civil rights protests in Chapel Hill, N.C. Materials collectively suggest that Mallard placed the rule of law above all else.

Correspondence files concern routine legal matters and include letters to and from judges, lawyers, and inmates, regarding appeals, petitions, advice, and recommendations. Subject files chiefly document Mallard's judicial career on the North Carolina Superior Court and the North Carolina Court of Appeals. Topics include the establishment and function of the Court of Appeals; illustrative Superior Court cases; Superior Court special term trials stemming from the civil rights demonstrations in Chapel Hill; the North Carolina Civil Rights Advisory Committee's report on African American participation in instrumentalities of justice; judicial responsibility for protection of rights of the defendant in high profile cases; preparation and delivery of jury charges; and inherent powers of the courts of North Carolina. Subject files also document Mallard's early work as an attorney for the town of Tabor City, N.C., reconciling city statutes and contracts with state laws; board of trustee matters at Pembroke State College, including the conflict between President Walter J. Gale and Trustee Elmer Lowery over administrative decisions and planning that purportedly diminished the roles and presence of Native Americans at the school; and his interest in student activism on campus.

Envelope files consist of notes, correspondence, newspaper clippings, speeches, reports, pamphlets, and other materials that Mallard filed in envelopes annotated with a numbered classification system that he created, as well as his brief descriptions of the contents. Mallard's personal feelings on a given topic, such as civil disobedience or race relations, to some extent can be gleaned from these descriptions and from his notes and annotations on other materials enclosed in the envelopes. The materials chiefly relate to matters of the North Carolina Court of Appeals; the North Carolina Superior Court; the North Carolina Office of the Board of Paroles; the North Carolina State Bar Association; and Pembroke State College. Topics include the establishment and function of the North Carolina Court of Appeals; the Harriet & Henderson Cotton Mills trials; the Chapel Hill, N.C., civil rights demonstrations trials; conflicts with the State Bureau of Investigation (SBI); the Frank Joseph Rinaldi murder trial; a special investigation of Floyd B. McKissick by the SBI; judicial appointees, including Mallard, to the North Carolina courts; Mallard's sensitivity to criticism by the press; inmate requests for parole and Mallard's opinions on criminal recidivism; the North Carolina Bar Association's position on legal aid clinics; the North Carolina Civil Rights Advisory Committee's reports on African American voting history; and Mallard's retirement. There is also a considerable amount of routine correspondence, chiefly collegial exchanges with judges, attorneys, and government officials.

Contents list

Expand/collapse Series 1. Correspondence Files, 1967-1971.

About 1,200 items.

Arrangement: Alphabetically by year.

Chiefly routine letters to and from judges and lawyers, and from inmates in state prisons, regarding appeals, petitions, advice, and recommendations.

Folder 1	1967-1968: A
Folder 2	1967-1968: B
Folder 3	1967-1968: C
Folder 4	1967-1968: D
Folder 5	1967-1968: E
Folder 6	1967-1968: F
Folder 7	1967-1968: G
Folder 8	1967-1968: H
Folder 9	1967-1968: I-K
Folder 10	1967-1968: L
Folder 11	1967-1968: M
Folder 12	1967-1968: N
Folder 13	1967-1968: P-Q
Folder 14	1967-1968: R
Folder 15	1967-1968: S
Folder 16	1967-1968: T
Folder 17	1967-1968: U-V
Folder 18	1967-1968: W
Folder 19	1969: A
Folder 20	1969: B
Folder 21	1969: C
Folder 22	1969: D
Folder 23	1969: E
Folder 24	1969: F
Folder 25	1969: G
Folder 26	1969: H
Folder 27	1969: I
Folder 28	1969: J
Folder 29	1969: K
Folder 30	1969: L
Folder 31	1969: M
Folder 32	1969: N
Folder 33	1969: O
Folder 34	1969: P
Folder 35	1969: R
Folder 36	1969: S
Folder 37	1970: K
Folder 38	1970: L
Folder 39	1970: R
Folder 40	1970: S
Folder 41	1970: T
Folder 42	1970: U
Folder 43	1970: V
Folder 44	1970: W
Folder 45	1970: X-Z
Folder 46	1971: A
Folder 47	1971: B
Folder 48	1971: C
Folder 49	1971: D
Folder 50	1971: E
Folder 51	1971: F
Folder 52	1971: G
Folder 53	1971: H
Folder 54	1971: J
Folder 55	1971: M
Folder 56	1971: N
Folder 57	1971: O
Folder 58	1971: P
Folder 59	1971: S
Folder 60	1971: T
Folder 61	1971: U
Folder 62	1971: W
Folder 63	1971: X-Z

Expand/collapse Series 2. Subject Files, 1937-1970s.

About 6,800 items.

Arrangement: Alphabetical.

Subject files chiefly document Raymond B. Mallard's judicial career on the North Carolina Superior Court and the North Carolina Court of Appeals. Topics include the establishment and function of the Court of Appeals; illustrative Superior Court cases (as numbered, collated, and described by Mallard); Superior Court special terms for the trials stemming from the civil rights demonstrations in Chapel Hill, N.C.; African American participation in instrumentalities of justice; judicial responsibility for protection of rights of the defendant in high profile cases; preparation and delivery of jury charges; and inherent powers of the courts of North Carolina. Subject files also document Mallard's early work as an attorney for the town of Tabor City, N.C., reconciling city statutes and contracts with state law; board of trustee matters at Pembroke State College, including the conflict between President Walter J. Gale and Trustee Elmer Lowery over administrative decisions and planning that purportedly diminished the roles and presence of Native Americans at the school; and his interest in student activism on campus. Materials include briefs and other legal documents, most of which probably duplicate the official records that are filed with the North Carolina Court System; Mallard's writings; his own handwritten and typewritten court notes; his diary from the Superior Court special terms of 1964; examples of forms Mallard used for Court filings; newspaper clippings; speeches given to the judges' conference, bar and other legal associations, church groups, and various civic organizations; scattered correspondence, some of which is personal in nature and revealing of Mallard's thoughts on politics and morality; and a few photographs of Mallard and of the civil rights protests in Chapel Hill, N.C.

Folder 64

Certificates and Awards

Commission as a superior court judge; appreciation of service on state Democratic executive committee; membership in North Carolina Bar Association; appreciation of speech at the Masonic Luncheon Club; service in the Armed Forces during World War II.

Folder 65-68

Folder 65

Folder 66

Folder 67

Folder 68

Clippings

About Mallard.

Folder 69

Clippings: General

About topics of interest to Mallard, including student activism on college campuses.

Folder 70-73

Folder 70

Folder 71

Folder 72

Folder 73

Court of Appeals: General

Concerning opening ceremony; the Criminal Code Revision Committee; audit reports; personal correspondence.

Folder 74

Court of Appeals: Advisory Budget Commission/Sam Jones

Correspondence, notes, and other materials relating to a trip to Ocracoke, N.C.

Folder 75

Court of Appeals: Applications

Letters concerning interest in marshal, secretary, and clerk of court positions.

Folder 76

Court of Appeals: Baleiro, Aliomar

Visit by chief justice of the Supreme Court of Brazil.

Folder 77

Court of Appeals: Bobbitt, William H.

Folder 78

Court of Appeals: Bolch, Thomas J.

See also Series 3: Envelope: 1272 (folder 476).

Folder 79

Court of Appeals: Bowman, James C.

Qualifications inquiry for hearings examiner application.

Folder 80

Court of Appeals: Broadnax, James Willard

Folder 81

Court of Appeals: Bullock, Frank

Folder 82

Court of Appeals: Carroll, William Douglas

Includes letter from Carroll to Jesse Helms requesting that his case be the subject of a WRAL editorial on problems with the judicial system.

Folder 83

Court of Appeals: Collier, Robert A. Jr.

Correspondence relating to proposed changes in law on special judges.

Folder 84-85

Folder 84

Folder 85

Court of Appeals: Congratulations

Congratulatory correspondence and legal notepads relating to Mallard's campaign for and election to the Court of Appeals; also of note are Mallard's notes regarding a decision not to deliver a speech to the segregated Durham County Bar Association.

Folder 86

Court of Appeals: Cooper, Thomas D.

Correspondence relating to Cooper's resignation as an Appeals Court judge.

Folder 87

Court of Appeals: Cowper, Albert W.

Folder 88-89