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Started By
Message
re: Louisiana Supreme Court upheld Act 15, and nullified the election of Calvin Duncan
Posted on 6/1/26 at 12:59 pm to TBoy
Posted on 6/1/26 at 12:59 pm to TBoy
should have been cut a dry
position was created by state legislature.
Orleans parish is only parish to have both Civil and Criminal Clerk of Court
position was abolished by state legislature and duties combined into existing position that was elected position
everyone knew the legislature was working on legislation to abolish the position and combined duties into one position, so no real candidates ran for the position
Case was 100% state issue......decided by state supreme court
position was created by state legislature.
Orleans parish is only parish to have both Civil and Criminal Clerk of Court
position was abolished by state legislature and duties combined into existing position that was elected position
everyone knew the legislature was working on legislation to abolish the position and combined duties into one position, so no real candidates ran for the position
Case was 100% state issue......decided by state supreme court
1
Posted on 6/1/26 at 1:04 pm to TBoy
It's not a bid deal until we hear from Gravy...
Posted on 6/1/26 at 1:09 pm to tigeraddict
quote:
position was created by state legislature.
After reading the Opinion and the Dissents, it appears to me that the justices were unanimous that the legislature has the power to eliminate the position of Criminal Clerk of Court for Orleans.
The issue comes in the elimination of the position after an election and prior to the end of the elected term. Once the voters collectively elected Calvin Duncan to act as Criminal Clerk of Court, and he was sworn in, the legislature cannot intervene prior to the end of his elected term.
One justice also suggested that even if his office is eliminated, he may have the right to collect his salary for the full term.
Also, there is a good argument that the Civil Clerk of Court was only elected to be the Civil Clerk of Court, not the Clerk for an office that is differently configured.
Reading the dissents will give you insight as to what are legitimate objections with substantive support in the Louisiana Constitution.
This post was edited on 6/1/26 at 1:11 pm
Posted on 6/1/26 at 1:11 pm to Amblin
quote:
It's not a bid deal until we hear from Gravy...
You should check with my boy, Byron Cole.
He makes Gravy seem like just a marginally concerned PTO lady.
I'm guessing Cubibies might know him pretty well.
Posted on 6/1/26 at 1:14 pm to 4cubbies
quote:
Basically all it says is that the legislature passed a law so it is what it is.
The way government is intended to work.
quote:
The opinion is very underwhelming.
ok
Posted on 6/1/26 at 1:36 pm to junkfunky
quote:
The way government is intended to work.
Look, I get that I’m unpopular and it might feel really vindicating to downvote my posts but there is no way you believe that “the way government is intended to work” includes the legislature passing a law invalidating an election after the outcome was determined but before the elected official could assume his position.
Posted on 6/1/26 at 2:57 pm to 4cubbies
quote:
The Court sided with Landry.
You are seething, aren't you?
Posted on 6/1/26 at 2:59 pm to beerJeep
quote:
Have you figured out who killed Sandra bland and Trayvon martin yet?
Someone doesn't know this?
Posted on 6/1/26 at 3:11 pm to 4cubbies
quote:Not even close to being accurate.
the legislature passing a law invalidating an election
The legislature passed a law consolidating Orleans Parish's two Clerks of Court into one Clerk of Court office just like all the other 63 parishes have.
quote:And the reason that happens is because you manipulate facts to fit a narrative all the time just like you did in this thread.
I get that I’m unpopular
Posted on 6/1/26 at 4:05 pm to LSURussian
quote:
The legislature passed a law consolidating Orleans Parish's two Clerks of Court into one Clerk of Court office just like all the other 63 parishes have.
The legislature passed a law that consolidated offices that have been separate for 150 years. That new law invalidated the outcome of a legitimate election by eliminating the office after the votes were counted but before the elected official could assume office.
quote:
And the reason that happens is because you manipulate facts to fit a narrative all the time just like you did in this thread.
Which statement are you claiming I manipulated? Please be specific.
This post was edited on 6/1/26 at 4:06 pm
Posted on 6/1/26 at 4:10 pm to TBoy
quote:
but who was exonerated
"exonerated"
Not so fast. The attorney general disagrees with this characterization.
Posted on 6/1/26 at 4:12 pm to TBoy
quote:
Jeff Landry and Republican leaders in the legislature did not want a black man-exoneree to assume the office of Criminal Clerk of Court.
No they rather a black woman appointed by the state instead
Posted on 6/1/26 at 4:16 pm to TBoy
quote:
The issue comes in the elimination of the position after an election and prior to the end of the elected term. Once the voters collectively elected Calvin Duncan to act as Criminal Clerk of Court, and he was sworn in, the legislature cannot intervene prior to the end of his elected term.
There really isn't any case law that I'm aware of for them on the issue of a position being abolished. The only thing close was the constitutional prohibition against reduction of the compensation for an elected official. Limited case law and lots of AG opinions have stated that the compensation for this prohibition is set the moment the official qualifies and is elected (not when they swear the oath and take office).
With this decision there appears to now be some clarification between those two instances (abolishment and reduction in compensation)
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