Louisiana exoneree’s first day as elected clerk gets messy after court intervenes
NEW ORLEANS (AP) — A Louisiana man who spent decades in prison for a wrongful conviction began work Monday overseeing the criminal court in New Orleans after a judge blocked the state from eliminating the position.
But Calvin Duncan’s day soon got messy: A higher court stepped in about 9:30 a.m. and froze that decision at the state’s request.
Duncan won 68% of the vote to serve as Orleans Parish criminal court clerk. But at the urging of Republican Gov. Jeff Landry, the GOP-controlled state Legislature raced to pass legislation eliminating the position days before Duncan’s term was to start, transferring the duties 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 a restraining order while the litigation continues and ordered the parties to a status conference Monday.
“The Court is not ruling that the state lacks the authority to abolish an agency or office writ large,” deGravelles said. He said he was “simply holding” that Louisiana’s approach violated Duncan’s constitutional rights to due process.
Louisiana quickly responded with an appeal, saying the order “accomplishes nothing other than threaten chaos.” The 5th U.S. Circuit Court of Appeals granted a stay.
Duncan told The Associated Press that he was still in his office. He declined further comment.
The governor signed a law Thursday to have the Orleans Parish clerk of civil court take over the responsibilities of the clerk of criminal court. Landry and Republican allies said the measure consolidating the clerk’s offices improved government efficiency and aligned the parish with the rest of the state.
As Duncan climbed the stairs to the court Monday and settled into his new office, he told the AP that he believed he would win the legal battle in the long run. He said he planned to spend the day getting to know employees and others at the court.
“I’m not just elated but overelated and happy that this day finally came,” Duncan said. “It’s something I’ve been working towards a very long time. This is a testament 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 vowing to improve access to court records, electrifying many voters with his personal experience fighting to clear his name.
Duncan’s supporters say the attempt by a majority white conservative Legislature to eliminate Duncan’s job thwarts the will of voters in New Orleans, a predominantly Black Democratic hub in a red state. Louisiana has led efforts to gut the Voting Rights Act.
New Orleans Mayor Helena Moreno, a Democrat, said the judge’s ruling in Duncan’s case protected voters’ rights.
“The court made clear that you cannot change the rules after an election has already taken place,” Moreno said in a statement. “Voters in New Orleans overwhelmingly elected Calvin Duncan and the will of the people should be respected.”
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Brook is a corps member for 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.