Calvin Duncan cleared to assume New Orleans court clerk role
NOLA.com • • nation
Key Points:
- A federal judge blocked a Louisiana law that would have abolished the Orleans Parish criminal clerk of court position, allowing Calvin Duncan, elected last year, to assume office as scheduled.
- U.S. District Judge John deGravelles ruled Senate Bill 256 unconstitutional, stating it violated Duncan's federally protected rights to due process and to vote by abolishing an elected office and appointing a replacement.
- The judge found the state's justification for the law likely pretextual and noted the accelerated enactment was intended to prevent Duncan from taking office, describing the state's interest as minimal.
- The temporary restraining order is in effect for 14 days, with a status conference set to discuss a potential preliminary injunction; Duncan had won the election with 68% of the vote while incarcerated for a vacated murder conviction.
- Governor Jeff Landry and others argued the law aligned Orleans Parish's court structure with the state, but the judge and local officials emphasized respect for voters' will and the impropriety of changing rules after an election.
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