NEW ORLEANS (AP) 鈥� A Louisiana man who spent decades in prison for a wrongful conviction briefly began work Monday overseeing the criminal court in New Orleans after a judge blocked the state from
Yet 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 to serve as Orleans Parish criminal court clerk. But at the urging of Republican Gov. Jeff Landry, the GOP-controlled state Legislature eliminating the position days before Duncan’s term was to start, transferring the duties to another official.
U.S. District Judge John deGravelles intervened on 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.
鈥淭he Court is not ruling that the state lacks the authority to abolish an agency or office writ large,” said deGravelles, noting he was 鈥渟imply holding鈥� that Louisiana’s approach violated Duncan’s constitutional rights to due process.
Louisiana quickly responded with an appeal, saying the order 鈥渁ccomplishes nothing other than threaten chaos.” The 5th U.S. Circuit Court of Appeals granted a stay.
Seated inside the clerk’s office, Duncan told The Associated Press after the stay: 鈥淚 am the clerk of the criminal district court, that will never change.”
A spokesperson for Duncan, Emily Ratner, later told the AP in a text message that Duncan had 鈥渃eased acting鈥� as clerk to comply with the latest court ruling.
鈥淗e has always done his best to comply with the law and he continues to do exactly that during these unprecedented and evolving legal developments,鈥� Ratner added.
Alanah Odoms, director of the American Civil Liberties Union of Louisiana, told reporters that Duncan’s term began at midnight and it cannot be cut short under the state’s constitution. Odoms said the ACLU would continue to make this argument before the appeals court and to the U.S. Supreme Court, if necessary.
鈥淭he state moved too slow,鈥� Odoms said. 鈥淲e don鈥檛 believe that his term can be diminished now.鈥�
Duncan鈥檚 supporters say the attempt by a majority white conservative Legislature to eliminate Duncan鈥檚 job thwarts the will of voters in New Orleans, a predominantly Black Democratic hub in a red state. Civil rights groups warn that Duncan’s case is a preview of a coming wave of the disenfranchisement of minority voters now that the Supreme Court dismantled a key provision of the in an effort led by Louisiana.
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.
Chelsea Richard Napoleon, the civil clerk, said she is monitoring the legal case and her goal is to 鈥渁dhere to the duties entrusted with me under Louisiana law.鈥�
Landry and Republican allies said the measure consolidating the clerk鈥檚 offices improved government efficiency and aligned the parish with the rest of the state. New Orleans leaders said they were never consulted and opposed the changes.
The nonpartisan office of the legislative auditor found that eliminating the criminal clerk of court role saves the state an estimated $27,300 but the long-term costs or savings of the consolidation were unclear. The legislation also shifted about $1.1 million in state expenditures to Orleans Parish.
In April, Republican lawmakers refused to consider an amendment to the law that would have allowed Duncan to serve out his term before eliminating the criminal clerk position.
At the start of the day, when he was still inside the clerk’s office, Duncan 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.
鈥淚鈥檓 not just elated but overelated and happy that this day finally came,鈥� Duncan said. 鈥淚t鈥檚 something I鈥檝e been working toward a very long time. This is a testament that God is still in control.鈥�
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 said that despite the legal turbulence, the office鈥檚 employees will continue to process cases and oversee elections, 鈥渘o matter who is the clerk.鈥�
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