Louisiana exoneree assumes elected clerk office after federal judge blocks law eliminating position
NEW ORLEANS (AP) – A Louisiana man who spent decades in prison for a wrongful conviction began working Monday to oversee criminal court in New Orleans after a judge temporarily blocked access to the state. eliminates the position.
Calvin Duncan Received 68 percent of the votes He is about to serve as the Orleans Parish criminal court clerk. But the GOP-controlled state Legislature at the urging of Republican Gov. Jeff Landry He raced to pass the law. Days into Duncan’s term, the positions had to be eliminated and the duties transferred to another official.
U.S. District Judge John deGravelles intervened Sunday, saying the law eliminating the clerk position was unconstitutional because it replaced an elected office with a political appointee. He granted Duncan’s request for a restraining order while the case is pending and ordered the parties to attend a status conference on Monday.
“The court is not holding that the state does not have the authority to substantially eliminate an agency or office,” DeGravelles said.
He said he “merely acknowledges” that Louisiana’s approach violated Duncan’s constitutional rights to due process.
Louisiana quickly filed an appeal Monday, asking the high court to freeze the ruling.
The legislation Landry signed Thursday aimed to have the Orleans Parish civil court clerk take over the responsibilities of the criminal court clerk. Landry and his Republican allies said the measure combining clerks’ offices improves government efficiency and brings Orleans Parish into line with the rest of the state.
As Duncan climbed the stairs and settled into his new office early Monday morning, he told The Associated Press he was excited to get to work and believed he would win the legal fight in the long run.
“I’m not just elated, but I’m overjoyed and happy that this day has finally come,” Duncan told the AP. “This is something I’ve been working on for a very long time. It’s proof that God is still in control.”
Duncan, whose murder conviction was vacated in 2021, taught himself law behind bars and later became a licensed attorney. He ran for the clerk position promising to improve access to court records and thrilled many voters with his fight to clear his name. He told the AP he plans to spend his first day on the job meeting his staff and colleagues at the court.
Duncan’s supporters say the conservative, majority-white Legislature’s attempt to eliminate Duncan’s job is thwarting the will of voters in New Orleans, the heartland of predominantly Black Democrats in the red state. Louisiana led the effort The guts of the Voting Rights Act.
Democratic New Orleans Mayor Helena Moreno said the judge’s decision in the Duncan case protected voter rights.
“The court has made clear that you cannot change the rules after the election has taken place,” Moreno said in a statement. he said. “Voters in New Orleans overwhelmingly elected Calvin Duncan, and the will of the people must be respected.”
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Brook is an affiliate member of the Associated Press/Report for America Statehouse News Initiative. report for america is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
