Calvin Duncan, a man exonerated after nearly 30 years in prison, assumed the role of clerk of New Orleans’ criminal district courthouse on Monday following a temporary restraining order that blocked a new law eliminating the position. The law, signed by conservative Governor Jeff Landry, had been set to abolish the elected office before Duncan, a Democrat, could take up his post.
Duncan won the November election with over two-thirds of the vote, defeating the incumbent. However, Republicans argued the consolidation of the criminal and civil clerk offices would improve efficiency and cut costs. The state legislative auditor estimated the move would save about $27,000 for the state and $233,000 for the city, though long-term costs remain unclear.
Federal Judge John deGravelles issued the restraining order on Sunday, ruling the law unconstitutional. But the US Fifth Circuit Court of Appeals quickly froze that order, leading to legal uncertainty. Duncan expressed elation that the people's vote was being honoured, while the state argued the order threatened chaos.
Democrats condemned the Republican effort as government overreach targeting a predominantly Black city's democratic choice. State Representative Mandie Landry called it 'atrocious' and warned of implications for other elected positions. Governor Landry defended the move as part of a broader judicial overhaul in New Orleans, citing dysfunction and corruption.
Duncan, whose murder conviction was vacated in 2021 after police were found to have lied, has vowed to reform the system that failed him. The bill's author, Senator Jay Morris, acknowledged expected lawsuits but maintained the change was constitutional. A status conference is scheduled to discuss a longer-term injunction.
