new orleans — A Louisiana man who spent decades in prison over a wrongful conviction began working Monday overseeing the criminal court in New Orleans after a judge temporarily blocked the state from… Eliminate the situation.
Calvin Duncan He received 68% of the votes To serve as clerk of criminal court in the Parish of Orleans. But at the request of Republican Gov. Jeff Landry, the state Legislature is controlled by the GOP Race to pass legislation The position was eliminated days before Duncan’s term began, and duties were transferred to another official.
U.S. District Judge John De Gravelis intervened Sunday, saying the law eliminating the clerk’s position is unconstitutional because it replaces an elected position with a politically appointed employee. He granted Duncan’s request for a restraining order while the lawsuit is pending and ordered the parties to hold a status conference on Monday.
“The court does not rule that the state lacks the authority to formally abolish an agency or office,” DeGravellis said.
He said he “simply finds” Louisiana’s approach violates Duncan’s constitutional rights to due process.
Louisiana quickly responded with an appeal on Monday, asking a higher court to put the order on hold.
The legislation, which Landry signed Thursday, seeks to make the Orleans Parish civil court clerk take over the responsibilities of the criminal court clerk. Landry and his Republican allies said the measure aimed at consolidating clerk’s offices improved government efficiency and brought Orleans Parish into line with the rest of the state.
As Duncan walked up the stairs to court early Monday morning and settled into his new office, he told The Associated Press he is excited to get to work and believes he will win the legal battle in the long run.
“Not only am I ecstatic, I’m thrilled and happy that this day has finally come,” Duncan told the AP. “It’s something I’ve been working toward for a very long time. This is a testament that God is still in control.”
Duncan, whose murder conviction was overturned in 2021, taught himself law behind bars and later became a licensed attorney. He ran for clerk pledging to improve access to court records, enthusing many voters with his personal experience fighting to clear his name. He told the AP that he plans to spend his first day in office getting to know his staff and colleagues on the court.
Duncan’s supporters say the attempt by the majority-white conservative Legislature to eliminate Duncan’s job frustrates the will of voters in New Orleans, a predominantly black Democratic center in a red state. Louisiana has led the effort to achieve this Delete the Voting Rights Act.
New Orleans Mayor Helena Moreno, a Democrat, said the judge’s ruling in Duncan’s case protects voters’ rights.
“The court has made clear that you cannot change the rules after the election has already been held,” Moreno said in a statement. “New Orleans voters overwhelmingly elected Calvin Duncan and the will of the people must be respected.”
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Brock is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America It is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.