Tensions Rise as Newly Elected Clerk Faces Legislative Threats

Calvin Duncan, a former prison lawyer wrongfully imprisoned for nearly 30 years, was ceremonially sworn in as the Clerk of Criminal Court for Orleans Parish on April 21, 2023. His election victory in November 2022 was significant, as he defeated incumbent Darren Lombard by a substantial margin. The ceremony took place on the steps of the Orleans Parish Criminal District Court, attended by hundreds of supporters, civil rights groups, and local officials, including New Orleans Mayor Helena Moreno and state Senator Royce Duplessis. Duncan emphasized his commitment to transparency and improving public access to court documents during his address to supporters.

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Despite Duncan's celebratory swearing-in, Republican lawmakers in Louisiana, under the direction of Governor Jeff Landry, are moving to eliminate his position before he officially takes office on May 4, 2023. Senate Bill 267, sponsored by Republican Senator Jay Morris, aims to abolish the Orleans Parish Criminal District Clerk of Court role, while a related bill, SB 17, proposes to reduce the number of judges in the parish. Morris has argued that consolidating court positions would align Orleans Parish with other parishes, which typically have only one clerk of court.

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Critics, including Duncan and local officials, have condemned these legislative efforts as retaliatory actions against Duncan, who has faced opposition from Landry and Attorney General Liz Murrill during his campaign. Duncan has accused the GOP of undermining the will of the voters, stating that the bills represent a power grab rather than a genuine attempt to improve court efficiency. Mayor Moreno echoed this sentiment, asserting that the legislative actions set a dangerous precedent by disregarding the results of a certified election. She noted that the electorate made their choice, and the legislature's response to Duncan's election is troubling.

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During a recent debate, Morris acknowledged that the financial savings from eliminating Duncan's position would be minimal, amounting to less than half a percentage of the overall budget. However, he maintained that the changes would relieve taxpayers and streamline the court system. In contrast, Duplessis highlighted the lack of substantial fiscal benefit from the proposed cuts, suggesting that the motivations behind the legislation are politically driven rather than focused on efficiency.

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“Today, on the steps of Criminal District Court, the people showed up. Loud. Proud. Unshaken. They came to stand with Calvin Duncan, who was duly elected by the people to serve as Clerk of Criminal Court,” — US Rep. Troy Carter, New Orleans Democrat

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“This is a situation where, all of a sudden, somebody doesn’t like who got elected and then the legislature comes in and abolishes the office. This sets a very scary precedent.” — Mayor Helena Moreno, New Orleans

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“This is clearly just a power grab,” — Hardell Ward, Duncan supporter

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As the legislative session progresses, the fate of Duncan's position remains uncertain. The proposed bills are set to be voted on shortly, and their outcomes will significantly impact the structure of the Orleans Parish court system and the authority of elected officials within it.

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