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Civil rights and race relations materials, 1957-1964
H.R. 7152 Page 13
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13 1 Such request by the Attorney General shall be accompanied 2 by a certificate that, in his opinion, the case is of general 3 public importance. A copy of the certificate and request 4 for a three-judge court shall be immediately furnished by 5 such clerk to the chief judge of the circuit (or in his absence, 6 the presiding circuit judge of the circuit) in which the case 7 is pending. Upon receipt of the copy of such request it shall 8 be the duty of the chief judge of the circuit or the presiding 9 circuit judge, as the case may be, to designate immediately 10 three judges in such circuit, of whom at least one shall be 11 a circuit judge and another of whom shall be a district judge 12 of the court in which the proceeding was instituted, to hear 13 and determine such case, and it shall be the duty of the 14 judges so designated to assign the case for hearing at the 15 earliest practicable date, to participate in the hearing and de- 16 termination thereof, and to cause the case to be in every way 17 expedited. An appeal from the final judgment of such court 18 will lie to the Supreme Court. 19 In the event the Attorney General fails to file such a 20 request in any such proceeding, it shall be the duty of the 21 chief judge of the district (or in his absence, the acting chief 22 judge) in which the case is pending immediately to desig- 23 nate a judge in such district to hear and determine the case. 24 In the event that no judge in the district is available to hear
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13 1 Such request by the Attorney General shall be accompanied 2 by a certificate that, in his opinion, the case is of general 3 public importance. A copy of the certificate and request 4 for a three-judge court shall be immediately furnished by 5 such clerk to the chief judge of the circuit (or in his absence, 6 the presiding circuit judge of the circuit) in which the case 7 is pending. Upon receipt of the copy of such request it shall 8 be the duty of the chief judge of the circuit or the presiding 9 circuit judge, as the case may be, to designate immediately 10 three judges in such circuit, of whom at least one shall be 11 a circuit judge and another of whom shall be a district judge 12 of the court in which the proceeding was instituted, to hear 13 and determine such case, and it shall be the duty of the 14 judges so designated to assign the case for hearing at the 15 earliest practicable date, to participate in the hearing and de- 16 termination thereof, and to cause the case to be in every way 17 expedited. An appeal from the final judgment of such court 18 will lie to the Supreme Court. 19 In the event the Attorney General fails to file such a 20 request in any such proceeding, it shall be the duty of the 21 chief judge of the district (or in his absence, the acting chief 22 judge) in which the case is pending immediately to desig- 23 nate a judge in such district to hear and determine the case. 24 In the event that no judge in the district is available to hear
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