Louisiana Governor Signs Law Eliminating New Orleans Criminal Court Clerk Position, Sparking Legal Battle
A newly elected official, Calvin Duncan, won with over two-thirds of the vote—only to have his position eliminated before he could take office. A federal judge blocked the move, but an appeals court quickly intervened.
Legal and Legislative Actions
Governor Jeff Landry signed legislation on Thursday to consolidate the criminal and civil clerk offices in New Orleans, aligning the city with other Louisiana parishes that operate a single clerk's office. Under the new law, the civil clerk position would absorb the duties of the criminal clerk.
The law was scheduled to take effect on Monday—the same day Calvin Duncan, the Democratic candidate who won the November election with over two-thirds of the vote, was to begin his term.
On Sunday, U.S. District Judge John deGravelles issued a temporary restraining order blocking the law from taking effect. The judge ruled that the law unconstitutionally replaced an elected office with a political appointee and violated Duncan's due process rights. The order lasts two weeks while both sides argue the matter. A status conference is scheduled for Monday afternoon to discuss a longer-term injunction.
The state appealed the order, arguing it threatened administrative chaos. The 5th U.S. Circuit Court of Appeals subsequently granted a stay of the judge's order.
Governor Landry and Attorney General Liz Murrill retain the option to appeal further to the Fifth Circuit.
Financial and Administrative Impact
According to the Louisiana legislative auditor, eliminating the position is projected to save:
- $27,000 annually for the state
- $233,000 annually for the city
Long-term costs are not yet known. The legislation also shifts approximately $1.17 million in state expenditures to the parish.
Statements from Officials
Governor Jeff Landry stated the change is intended to improve government efficiency and address dysfunction in the New Orleans court system.
State Senator Jay Morris (R), the bill's author, said the goal was to implement consolidation before Duncan took office. "While the timing was unfortunate for Mr. Duncan," he stated, "policy decisions are not made for one individual."
State Representative Mandie Landry (D) described the Republican efforts as "atrocious."
State Representative Edmond Jordan (D) argued the bill "usurps the will of the people," noting that Duncan won 68% of the vote in a majority-Black city.
Calvin Duncan said he was "elated because the people's right to vote is being honored." He later stated the law confirms some voters' belief that their vote does not count.
New Orleans Mayor Helena Moreno argued that eliminating the position after the election thwarts the will of voters.
Background on Calvin Duncan
Calvin Duncan spent nearly 30 years in prison for a murder he did not commit. His conviction was vacated in 2021 after evidence of police misconduct emerged. His name is listed on the National Registry of Exonerations.
While incarcerated, Duncan taught himself law. After his release, he became a licensed attorney. He ran for the position of Orleans Parish criminal court clerk on a platform of improving access to court records.
Broader Context
The consolidation is part of a broader effort by Republican lawmakers to overhaul the New Orleans judiciary. Related bills propose eliminating other elected judicial positions, though those would be eliminated after current officials complete their terms.