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Louisiana Supreme Court upheld Act 15, and nullified the election of Calvin Duncan

Posted on 6/1/26 at 10:20 am
Posted by TBoy
Kalamazoo
Member since Dec 2007
28648 posts
Posted on 6/1/26 at 10:20 am
There were three dissenters who invite federal scrutiny of the decision.

Link to Link to Opinion
Posted by Mushroom1968
Shreveport
Member since Jun 2023
6443 posts
Posted on 6/1/26 at 10:26 am to
So the court sided with the state?
Posted by 4cubbies
Member since Sep 2008
61571 posts
Posted on 6/1/26 at 10:27 am to
The Court sided with Landry.
Posted by TBoy
Kalamazoo
Member since Dec 2007
28648 posts
Posted on 6/1/26 at 10:28 am to
quote:

So the court sided with the state?

Yes.
Posted by Rip Torner
Member since Jul 2023
2560 posts
Posted on 6/1/26 at 10:28 am to
What is this about? I don’t follow Louisiana state politics. Is this good or bad?
Posted by 4cubbies
Member since Sep 2008
61571 posts
Posted on 6/1/26 at 10:30 am to
The opinion is very underwhelming. Basically all it says is that the legislature passed a law so it is what it is.
Posted by teke184
Zachary, LA
Member since Jan 2007
104205 posts
Posted on 6/1/26 at 10:31 am to
LA legislature abolished the Criminal Clerk of Court in Orleans Parish, which is the only such parish with split civil and criminal clerks.

They moved the criminal clerk’s duties under the civil clerk.


The person elected to that position, who never took office, is suing to have their post reinstated so they can be sworn in.



IIRC, it was well known the governor was pushing to have that office abolished before the last election, so few people were willing to run for it.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
59461 posts
Posted on 6/1/26 at 10:31 am to
4cubbies incoming in 3,... 2,...

***edit: she got in before I posted ***
This post was edited on 6/1/26 at 10:32 am
Posted by 4cubbies
Member since Sep 2008
61571 posts
Posted on 6/1/26 at 10:32 am to
Too late
Posted by beerJeep
Louisiana
Member since Nov 2016
38517 posts
Posted on 6/1/26 at 10:32 am to
quote:

4cubbies


Have you figured out who killed Sandra bland and Trayvon martin yet?
Posted by Rip Torner
Member since Jul 2023
2560 posts
Posted on 6/1/26 at 10:33 am to
Is that a good or bad thing?
Posted by teke184
Zachary, LA
Member since Jan 2007
104205 posts
Posted on 6/1/26 at 10:33 am to
quote:

The opinion is very underwhelming. Basically all it says is that the legislature passed a law so it is what it is.


Reading between the lines, that seems to say “this is working as planned, so we don’t need to expound upon our decision.”
Posted by Y.A. Tittle
Member since Sep 2003
111063 posts
Posted on 6/1/26 at 10:33 am to
quote:

The opinion is very underwhelming. Basically all it says is that the legislature passed a law so it is what it is.


What more do you think it should say?
Posted by teke184
Zachary, LA
Member since Jan 2007
104205 posts
Posted on 6/1/26 at 10:34 am to
quote:

Is that a good or bad thing?


It’s a thing.

Ostensibly this is a cost cutting measure by having the civil clerk handle everything rather than have two clerks and two sets of staff.
Posted by TBoy
Kalamazoo
Member since Dec 2007
28648 posts
Posted on 6/1/26 at 10:35 am to
quote:

What is this about? I don’t follow Louisiana state politics. Is this good or bad?

New Orleans has always had a separate Civil Clerk of Court and Criminal Clerk of Court. Both are elected.

In November last year, Calvin Duncan, a black man who served time at Angola but who was exonerated and released years after his conviction, ran for the Criminal Clerk of Court and was elected. One of the issues that was important to Duncan is that the Clerks of Court are generally not very accommodating to requests by inmates for file information to be used for the filing of habeas corpus applications and appeals. He pledged to run an open operation and be responsive to requests like the request that led to his exoneration.

Jeff Landry and Republican leaders in the legislature did not want a black man-exoneree to assume the office of Criminal Clerk of Court. So after Duncan was elected, they hastily drafted Act 15 (2026) and abolished the office of Criminal Clerk of Court, transferring the duties to the previously elected Civil Clerk of Court for Orleans Parish, a white lady.

Voters in New Orleans sued contending that Act 15 unconstitutionally nullified their votes, and created a new office, Clerk of Court (neither Civil nor Criminal) for which a new election had to be held. Duncan would have likely won the election.

The Civil Clerk of Court filed suit in East Baton Rouge Parish contending that everything was cool and Duncan is out.

This is the ruling of the Louisiana Supreme Court.
Posted by 4cubbies
Member since Sep 2008
61571 posts
Posted on 6/1/26 at 10:36 am to
Reading between the lines, it says “lol at all you morons who think anyone cares about voters or local governance”
Posted by VOR
New Orleans
Member since Apr 2009
68934 posts
Posted on 6/1/26 at 10:37 am to

The whole thing has been badly handled.
The AG had a personal greivance against Calvin. It was a bad look, regardless of the outcome,..
Posted by 4cubbies
Member since Sep 2008
61571 posts
Posted on 6/1/26 at 10:37 am to
quote:

Ostensibly this is a cost cutting measure by having the civil clerk handle everything rather than have two clerks and two sets of staff.


Except that both staffs are still fully intact.
Posted by beerJeep
Louisiana
Member since Nov 2016
38517 posts
Posted on 6/1/26 at 10:37 am to
quote:

Reading between the lines, it says “I’m a coward who refuses to admit she was wrong and Sandra bland killed herself and Trayvon martin was justifiably killed in a self defense altercation with another citizen ”


Fify.
Posted by teke184
Zachary, LA
Member since Jan 2007
104205 posts
Posted on 6/1/26 at 10:37 am to
quote:

Reading between the lines, it says “lol at all you morons who think anyone cares about voters or local governance”


It’s a state established office. The legislature giveth, the legislature can taketh away.
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