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re: Judge stops just-passed law doing away with the Orleans Criminal Clerk of Court position

Posted on 5/5/26 at 12:28 pm to
Posted by 4cubbies
Member since Sep 2008
61469 posts
Posted on 5/5/26 at 12:28 pm to
quote:

However, the central chart does show the number of positions being eliminated.

- 4th circuit court of appeals - 2 judges
- Orleans Parish - 5 judges
- clerke of court - 1
- Bill also combines 3 separate court systems into one. Doesn’t specify how many might be cut, nor physical property eliminated.



Correct. In an already backlogged court system, how will eliminating judges improve efficiency for the people of Louisiana?

quote:

New Orleans was once close to 500k residence, it is now under 300k. That is a massive loss in tax revenue, and most of that is probably affluent. The affluent float the system while the remaining 300k are probably the users of the system


What are your assumptions supposed to prove here?

quote:

So to answer your question, my best guess is this move is saving the parish $600,000 to $800,000 in salary alone
A “best guess” isn’t a justification for restructuring the courts. Even if that number were accurate, it’s a narrow view of cost. Reducing judges doesn’t magically create efficiency in an already backlogged system. This will just further slow dockets and create more backlogs, which means longer pre-trial detention. This just shifts costs elsewhere.

What's your best guess of the net savings after accounting for increased jail costs and longer case timelines?
Posted by gaetti15
AK
Member since Apr 2013
15299 posts
Posted on 5/5/26 at 12:38 pm to
quote:

Cubbies, I haven’t seen you this animated in some time. Do you really think the legislature acted illegally, or do you just disagree with what they did? Given everything in the news right now, what is it about this story that has you so passionate?


Bumping because I'm really curious why, with everything else in the news, this particular story has Cubbies so fired up.


100% curious as well.
Posted by JCdawg
Member since Sep 2014
9551 posts
Posted on 5/5/26 at 12:41 pm to
quote:

Correct. In an already backlogged court system, how will eliminating judges improve efficiency for the people of Louisiana?


Doesn’t matter. You can only work with the confines of the budget. Thinking anything otherwise is flawed.

quote:

What are your assumptions supposed to prove here?


The system has to do the same level of work it has been doing because the remaining constituents are the ones requiring it.

quote:

A “best guess” isn’t a justification for restructuring the courts. Even if that number were accurate, it’s a narrow view of cost. Reducing judges doesn’t magically create efficiency in an already backlogged system. This will just further slow dockets and create more backlogs, which means longer pre-trial detention. This just shifts costs elsewhere.


Those making these decisions aren’t using “best guess”. I’m sure they are looking for the most effective way to work within the confines of a budget for a parish that is under 300k population vs a parish that was closer to 500k. Efficiency really isn’t the motivating factor here, even if said. You have to work within the confines of a shrinking budget and population if you do not want a substantial increase in taxes. Otherwise you are going to attempt to tax a tax base that is already a giant subsidy where the majority of them don’t pay any taxes in the first place.
Posted by Red Stick Rambler
https://i.imgur.com/2j5cbGm.jpg
Member since Jun 2011
2656 posts
Posted on 5/5/26 at 1:03 pm to
quote:

100% curious as well.


To her credit, 4Cubbies explained why this particular story has her so emotionally invested::

but what really bothers me is how targeted this all feels and looks.

It's just so mean-spirited. The legislature acted spitefully and thoughtlessly. Orleans Parish has had separate clerks since 1879, rooted in the state constitution. That structure wasn’t suddenly a problem until voters overwhelmingly elected an exonerated Black man to be Criminal Clerk of Court. After 150 years, now it needs to be “fixed.”
Posted by 4cubbies
Member since Sep 2008
61469 posts
Posted on 5/5/26 at 1:12 pm to
quote:

And that warrants a federal judge's intervention?



When we have a rogue state government who passes laws that explicitly violate the state constitution, federal review is warranted.

quote:

Didn't the bill roll the criminal clerk's duties into the existing civil clerk? And wasn't that civil clerk elected by the voters of Orleans Parish?



No. Criminal court still exists, so the duties of the criminal clerk still have to be performed.

The civil clerk was elected to serve in that specific role, not to automatically assume a newly created, consolidated position with expanded authority. If a new office has been created, voters should decide who holds it (not the Governor).

quote:

Huston was indicted for malfeasance and payroll fraud - that doesn't concern you?


I am very curious to see the evidence that informed these charges.

quote:

Jeff Landry wasn't Governor then, Kathleen Blanco was.


Correct, but Jeff Landry was Attorney General while Marlin Gusman presided over a jail so mismanaged that the U.S. Department of Justice intervened and a federal consent decree was put in place.

Given that history, it’s reasonable to ask why we’re seeing aggressive criminal charges now against Susan Hutson, but not then under similar or worse conditions.
Posted by Y.A. Tittle
Member since Sep 2003
110971 posts
Posted on 5/5/26 at 1:18 pm to
quote:

It's just so mean-spirited. The legislature acted spitefully and thoughtlessly. Orleans Parish has had separate clerks since 1879, rooted in the state constitution. That structure wasn’t suddenly a problem until voters overwhelmingly elected an exonerated Black man to be Criminal Clerk of Court. After 150 years, now it needs to be “fixed.”


quote:

Orleans Parish has had separate clerks since 1879, rooted in the state constitution. That structure wasn’t suddenly a problem until voters overwhelmingly elected an exonerated Black man to be Criminal Clerk of Court. After 150 years, now it needs to be “fixed.”


I would argue it was more due to the historic quirk of Orleans being disproportionally heavy populated in comparison to other parishes.

It sort of ceased making any sense or having any justification, once that no longer became the case.

I understand feeling specially spited by this works better for you, though.
Posted by 4cubbies
Member since Sep 2008
61469 posts
Posted on 5/5/26 at 1:21 pm to
quote:


Those making these decisions aren’t using “best guess”. I’m sure they are looking for the most effective way to work within the confines of a budget for a parish that is under 300k population vs a parish that was closer to 500k.


I'm sorry, but we're talking about the Louisiana House of Representatives here. The place where Jeff Landry got his start. These people aren't thoughtful about anything other than what freebies they can secure for themselves.

quote:

You have to work within the confines of a shrinking budget and population if you do not want a substantial increase in taxes. Otherwise you are going to attempt to tax a tax base that is already a giant subsidy where the majority of them don’t pay any taxes in the first place.

Do you realize you're suggesting New Orleans takes more tax money than it generates for the state?
Posted by 4cubbies
Member since Sep 2008
61469 posts
Posted on 5/5/26 at 1:21 pm to
quote:

I understand feeling specially spited by this works better for you, though.



speaking of mean-spirited and petty...
Posted by UPT
NOLA
Member since May 2009
6032 posts
Posted on 5/5/26 at 2:14 pm to
quote:

Every other parish has consolidated the civil and criminal clerks for efficiency. Why should Orleans parish be less efficient and receive special treatment versus the other 63 parishes?


Because our criminals are far more efficient, and we pretty much always have had 2 clerks.

That wasn’t hard.

If Jeff was so insistent on consolidating it to one, for whatever reason, why not do it before we just ran the race and held an election?

I would have never voted for Duncan, but Orleans Parish did, and he needs to frick off with this.
This post was edited on 5/5/26 at 2:21 pm
Posted by Red Stick Rambler
https://i.imgur.com/2j5cbGm.jpg
Member since Jun 2011
2656 posts
Posted on 5/5/26 at 2:17 pm to
quote:

When we have a rogue state government who passes laws that explicitly violate the state constitution, federal review is warranted.


Okay, thanks for clarifying.

First question: how did the law that was passed by the legislature "explicitly violate the state constitution"?

More important question: what role do the FEDERAL courts have in enforcing the STATE Constitution?

quote:

If a new office has been created, voters should decide who holds it (not the Governor).


No "new office" was created, the duties of the elected civil clerk were expanded.

quote:

Jeff Landry was Attorney General while Marlin Gusman presided over a jail so mismanaged that the U.S. Department of Justice intervened and a federal consent decree was put in place.


You may want to check your timeline; Jeff Landry did not become AG until 2016. By that point the DOJ had been involved in the New Orleans prison for several years and entered a consent judgment with Gusman in early 2016. What do you believe Jeff Landry should have done?
Posted by Red Stick Rambler
https://i.imgur.com/2j5cbGm.jpg
Member since Jun 2011
2656 posts
Posted on 5/5/26 at 2:19 pm to
quote:

I'm sorry, but we're talking about the Louisiana House of Representatives here. The place where Jeff Landry got his start.


When did Jeff Landry serve in the Louisiana House of Representatives?
Posted by Red Stick Rambler
https://i.imgur.com/2j5cbGm.jpg
Member since Jun 2011
2656 posts
Posted on 5/5/26 at 2:21 pm to
quote:

Do you realize you're suggesting New Orleans takes more tax money than it generates for the state?


Serious question: do you have numbers to refute this? I don't, but it certainly seems plausible that NOLA takes more tax money that it generates.
Posted by Y.A. Tittle
Member since Sep 2003
110971 posts
Posted on 5/5/26 at 2:56 pm to
quote:

speaking of mean-spirited and petty...


You are the one carrying on about a perfectly logical change in policy and bureaucratic configuration due to drastically changing population trends as being done out of nothing but to spiteful and mean.
Posted by JCdawg
Member since Sep 2014
9551 posts
Posted on 5/5/26 at 3:43 pm to
quote:

I'm sorry, but we're talking about the Louisiana House of Representatives here. The place where Jeff Landry got his start. These people aren't thoughtful about anything other than what freebies they can secure for themselves.



You've gone of course and lost me here. I'll put this back on you, what evidence to you have to support this claim?

quote:

Do you realize you're suggesting New Orleans takes more tax money than it generates for the state?


I never suggested that. The big picture is that Orleans Parish has a tax base that is substantially lower than it once was. They have to make cuts in accordance of their tax revenue. Just because it feels mean doesn't matter. We don't make decisions on feelings.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
37623 posts
Posted on 5/5/26 at 4:11 pm to
Here are the problems whether you agree that there should be only one clerk's office or not.....and I agree with merging the two.

The people of Orleans Parish earlier this year voted to put Calvin Duncan in this position and did so by a pretty emphatic majority. If the legislature wants to eliminate the position(s) they should stipulate that they are eliminating it at the end of Duncan's current term. On a certain level you are disenfranchised the voters of Orleans Parish and doing so without consulting the City of New Orleans so as to affect a plan as to how the two clerks are to be synthesized into one office....it's probably pretty easy, but neither Landry or the Monroe area legislator who sponsored the legislation even did this.

Also this was a position established by the legislature so the legislature can eliminate it, along with judges hips that are also on the chopping block, but Landry and his people are not considering the disruption that is going to ensue that can affect prosecutions and filings.

It would be better to inform Duncan that he will be the last Criminal Court Clerk for the City of New Orleans as of January 2030.
Posted by moneyg
Member since Jun 2006
63109 posts
Posted on 5/5/26 at 4:57 pm to
quote:

To her credit, 4Cubbies explained why this particular story has her so emotionally invested::



quote:

but what really bothers me is how targeted this all feels and looks.



feelings

quote:

It's just so mean-spirited


feelings

quote:

The legislature acted spitefully and thoughtlessly


feelings

Posted by 4cubbies
Member since Sep 2008
61469 posts
Posted on 5/5/26 at 5:00 pm to
quote:

First question: how did the law that was passed by the legislature "explicitly violate the state constitution"?


Can you first tell me how this office was established?

quote:

More important question: what role do the FEDERAL courts have in enforcing the STATE Constitution?


Apparently none.

quote:

No "new office" was created, the duties of the elected civil clerk were expanded.


No one cast any votes for these unprecedented, expanded duties. We voted for a criminal clerk of court to perform these duties. The state government created a new, merged office and appointed a person to occupy it.

quote:

What do you believe Jeff Landry should have done?
since Gusman refused to comply with the consent decree, why wouldn’t Landry charge him with malfeasance?

Posted by beerJeep
Louisiana
Member since Nov 2016
38465 posts
Posted on 5/5/26 at 5:02 pm to
quote:

Can you first tell me how


Trayvon martin died?

How about Sandra bland?
Posted by moneyg
Member since Jun 2006
63109 posts
Posted on 5/5/26 at 5:05 pm to
quote:

Here are the problems whether you agree that there should be only one clerk's office or not.....and I agree with merging the two.

The people of Orleans Parish earlier this year voted to put Calvin Duncan in this position and did so by a pretty emphatic majority. If the legislature wants to eliminate the position(s) they should stipulate that they are eliminating it at the end of Duncan's current term. On a certain level you are disenfranchised the voters of Orleans Parish and doing so without consulting the City of New Orleans so as to affect a plan as to how the two clerks are to be synthesized into one office....it's probably pretty easy, but neither Landry or the Monroe area legislator who sponsored the legislation even did this.

Also this was a position established by the legislature so the legislature can eliminate it, along with judges hips that are also on the chopping block, but Landry and his people are not considering the disruption that is going to ensue that can affect prosecutions and filings.

It would be better to inform Duncan that he will be the last Criminal Court Clerk for the City of New Orleans as of January 2030.



New Orleans is a failed city. The idea that the legislature should defer to New Orleans when it cannot pay to operate its government without emergency loans from the state is humorous.

quote:

It would be better to inform Duncan that he will be the last Criminal Court Clerk for the City of New Orleans as of January 2030.



Better for whom?
Posted by 4cubbies
Member since Sep 2008
61469 posts
Posted on 5/5/26 at 5:32 pm to
quote:

When did Jeff Landry serve in the Louisiana House of Representatives?


My mistake.
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