The Louisiana Supreme Court on Monday effectively wiped out Calvin Duncan’s brief win as Orleans Parish clerk of criminal court, upholding Act 15, the state law that merged the parish’s civil and criminal clerk offices and erased the criminal-clerk seat he captured in last year’s election. In a 4-3 ruling, the court vacated relief that had been granted by a lower court, declared the statute immediately effective and left Civil District Court Clerk Chelsey Richard Napoleon in charge of the unified office. The decision also blocked the city from installing an interim clerk and left the rest of the fight to play out in ongoing litigation.
What the court ruled
The high court held that “no provision of the Louisiana or United States Constitution prohibits Act 15 from being immediately effective,” wiping away the trial court’s temporary relief and dismissing state-court challenges. The majority concluded that the law consolidates authority, records and funds into a single, continuing office, and that lower-court remedies were not warranted. Justices John Michael Guidry, Piper Griffin and Chief Justice John Weimer dissented, according to reporting by NOLA.com.
How Act 15 reshaped the clerk’s office
Act 15, rushed through the Legislature and signed by Gov. Jeff Landry at the end of April, abolished the separate clerk of criminal court position and transferred its duties to the civil clerk’s office. The bill, authored by state Sen. Jay Morris, was pitched by supporters as a modernization that would bring Orleans Parish in line with other parishes that operate under a single clerk of court. Critics countered that the timing was no coincidence and that the law was a direct response to last fall’s election. The legislative timeline and the governor’s signature on the measure were detailed by the AP.
City Hall tried to fight back
After Act 15 took effect, the New Orleans City Council voted to appoint retired Judge Calvin Johnson as an interim clerk and to call a special election, setting off an immediate clash with state officials. Attorney General Liz Murrill sent letters to council members, the mayor and others warning that “Act 15 did not create a vacancy” and that “Louisiana’s usurper laws carry serious consequences,” and demanded that the resolutions be rescinded. Local reporting on the council vote and the Supreme Court’s temporary block highlighted the very public friction between city and state officials, as shown by the Louisiana Attorney General’s Office and WDSU.
Federal lawsuit continues
Duncan has also pressed a federal civil-rights challenge, arguing that retroactively eliminating the office wiped out voters’ choice and violated his rights. A federal judge briefly granted an emergency order allowing him to assume the post on May 4 before the Fifth Circuit stayed that relief, leaving the situation in limbo. Duncan’s legal team includes the ACLU of Louisiana and the Center for Constitutional Rights. The Center for Constitutional Rights summarized the emergency briefing and the appeal in a press release that outlines the ongoing fight in federal court; see Center for Constitutional Rights.
Legal implications
By finding Act 15 constitutional and effective immediately, the Louisiana Supreme Court removed the legal footing for the council’s interim appointment and confirmed that, under the statute, the civil clerk’s office continues as the single clerk of court for Orleans Parish. At the same time, the federal litigation is still active and appeals remain possible, so the final answer on who ultimately holds the office is not settled. For now, Chelsey Richard Napoleon will oversee both civil and criminal filings and election duties while Duncan pursues his federal claims, a split outcome that local outlets have been closely tracking.
