Full Breakdown
Louisiana Republicans Eliminate Criminal Clerk Office as Exoneree Calvin Duncan Takes Office Amid Legal Battle
5/5/2026, 3:24:25 AM
Legislative Action and Duncan’s Election
On May 2, 2026 Gov. Jeff Landry signed Senate Bill 256 (Act 15), abolishing the Orleans Parish criminal clerk of court and merging its duties into the civil clerk’s office to align New Orleans with other Louisiana parishes. The legislative auditor estimated $27,300 in state savings and $233,000 in city savings. In the November 2025 election, exoneree Calvin Duncan won the criminal clerk post with 68% of the vote after serving three decades for a wrongful murder conviction.
Official Responses
Gov. Jeff Landry said the change improves efficiency and addresses dysfunction. Sen. Jay Morris said the timing was meant to merge the offices before Duncan’s term, noting lawsuits are expected. Secretary of State Trey Williams confirmed the signature. Attorney General Liz Murrill called the appeal a challenge to the district court’s interpretation of state law.
Opposition
Democratic Rep. Edmond Jordan said Duncan’s 68% win in a majority-Black city reflects people’s will. State Rep. Mandie Landry charged the law targets Duncan because “powerful people don’t like him.” ACLU of Louisiana warned the case foreshadows disenfranchisement after Supreme Court’s weakening of Voting Rights Act. Critics argue the law usurps the will of the people and threatens minority voters.
Legal Conflict
Federal Judge John deGravelles issued a restraining order on May 3, 2026, finding SB 256 unconstitutional and allowing Duncan to take office on May 4. The Fifth Circuit stayed the order on May 4, reinstating the law; the stay runs until June 1. State officials say the order accomplishes nothing and the office does not exist, while Duncan’s team says his term began at midnight and cannot be cut short.
Verbatim Quotes
- “Duncan posted on social media saying, "I am elated because the people's right to vote is being honored.” — Calvin Duncan, Clerk-elect
- “He seems very nice, but we don’t make policy around here for just one person.” — Jay Morris, State Senator
- “This ruling is about protecting the fundamental right of voters to have their voices heard. The court made clear that you cannot change the rules after an election has already taken place. Voters in New Orleans overwhelmingly elected Calvin Duncan and the will of the people should be respected.” — Helena Moreno, Mayor of New Orleans
- “Justice seems to have prevailed. Thank you to U.S. District Judge John deGravelles for upholding the Constitution and protecting the will of the voters. Clerk-elect Calvin Duncan can now move forward, and SB 256 has been rightly blocked. The people spoke. The law matters. Democracy must stand.” — Troy Carter, U.S. Representative
Future
The Fifth Circuit’s stay ends June 1, after which the Louisiana Supreme Court could rule on the authority to abolish an elected office. Both parties intend to continue appeals, potentially to the U.S. Supreme Court, while the clerk’s office functions under the civil clerk.
