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POLITICO Politics1 min read
Louisiana Republicans eliminate elected office won by Democratic exoneree
TL;DR
Louisiana Republicans abolished the elected clerk of New Orleans' criminal court just days before Democratic exoneree Calvin Duncan was set to take office. A temporary restraining order allowed Duncan to assume his position, but the future of the office remains uncertain.
Key points
- Louisiana Republicans abolished the clerk of criminal court position
- Calvin Duncan, a Democratic exoneree, won the election
- Duncan was set to take office just days after the law was signed
- Governor Jeff Landry signed the legislation quietly
- Democrats view the move as government overreach
Mentioned in this story
Calvin DuncanLouisiana RepublicansNew Orleans criminal district courthouseJeff Landry
Louisiana Republicans eliminated an elected position days before a Democratic exoneree who overwhelmingly won the New Orleans-based post was set to take office on Monday.
A temporary restraining order did allow the exoneree, Calvin Duncan, to take office as scheduled Monday as the clerk of New Orleans’ criminal district courthouse – though it remained unclear how long his tenure may prove to be.
Conservative governor Jeff Landry, a Republican, quietly signed legislation abolishing the longstanding New Orleans clerk of criminal court position into law Thursday, according to Louisiana secretary of state spokesperson Trey Williams.
Republicans say wiping away the office is a consolidation effort meant to make the local judicial system more efficient and cut costs. But Democrats describe the change as government overreach – arguing that it infringes on a predominately Black city’s decision at the polls.
Duncan, who spent nearly 30 years behind bars for a crime he did not commit, easily won election to the criminal court clerk position in November, beating the incumbent and earning more than two-thirds of the vote.
At Duncan’s request, New Orleans-based federal judge John deGravelles on Sunday ruled the law which eliminated his office was unconstitutional and issued a temporary restraining order which stopped it from taking effect.
A statement from Duncan said he was “elated because the people’s right to vote is being honored”.
But Landry’s administration and state attorney general Liz Murrill can appeal against the ruling to the US fifth circuit court, which many regard as the country’s most conservative appellate court.
Duncan, 63, whose murder conviction was vacated in 2021 after evidence emerged that police officers had lied in court, has vowed to help fix the system that once failed him.
He and his supporters say he is being targeted by the most powerful Republicans in the state, including those who have denied his innocence, even though Duncan’s name is listed on the National Registry of Exonerations.
“We’re doing something because powerful people don’t like him,” Louisiana state representative Mandie Landry, a New Orleans Democrat, told lawmakers during a legislative committee hearing in April. Landry, who is not related to the governor, described the Republican efforts as “atrocious” and worries what it could mean for other elected positions in the state.
Republicans say the legislation consolidates the civil and criminal court clerks’ offices in New Orleans, putting it in line with all other parishes in the state, which have single clerk’s office. The civil clerk position would remain and absorb the criminal clerk’s role.
Q&A
Why did Louisiana Republicans eliminate the clerk of criminal court position?
Louisiana Republicans claim the elimination is part of a consolidation effort to improve efficiency and reduce costs in the local judicial system.
What was Calvin Duncan's background before winning the election?
Calvin Duncan is a Democratic exoneree who spent nearly 30 years in prison for a crime he did not commit before winning the election for the clerk position.
What was the outcome of Calvin Duncan's election to the clerk position?
Calvin Duncan won the election with over two-thirds of the vote, defeating the incumbent clerk in November.
What are the implications of abolishing the clerk position for New Orleans?
Democrats argue that abolishing the position represents government overreach and undermines the electoral decision of a predominantly Black city.
