Law eliminating New Orleans clerk role won by exonerated man deemed unconstitutional by federal judge
NEW ORLEANS — Early Monday morning, a federal court blocked Gov. Jeff Landry's elimination of the position of Orleans Parish Clerk of Criminal District Court after an exonerated man won 68% of the vote to be elected to the position.
The court found Act 15, the legislation that eliminated the Clerk of Criminal District Court position, which Calvin Duncan won, and consolidated it with the Clerk of Civil District Court, was unconstitutional, clearing the path for Duncan to take the position he was elected to.
Landry signed Act 15 into law on April 30, four days before Duncan's inauguration on Monday, the American Civil Liberties Union, which is representing Duncan, said. The ACLU said that the law would have effectively appointed Clerk of Civil District Court Chelsey Napoleon to the post without requiring an election.
Shortly after Act 15 was signed, Duncan and the ACLU filed an emergency motion for a temporary restraining order that argues it violates the Constitution and the rights of New Orleans voters. A federal judge agreed with the ACLU's assessment.
“I am elated because the people’s right to vote is being honored,” Duncan, who served 28 years in prison before being exonerated, said. “This ruling shows the power of the Constitution, when faithfully applied, to protect our right to vote. Today, and on all days, I am reminded that God is in control.”
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The defendants in the case, including Landry, have since appealed the decision to the U.S. Court of Appeals for the Fifth Circuit.