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Message
New Orleans asks Supreme Court to reject removal of Calvin Duncan’s seat as Orleans Clerk
Posted on 10/5/26 at 1:54 pm
Posted on 10/5/26 at 1:54 pm
quote:
Mayor Helena Moreno’s administration is asking the U.S. Supreme Court to overturn a decision by the Louisiana Supreme Court earlier this year that endorsed a new state law eliminating the criminal clerk of court seat in New Orleans that a former life prisoner, Calvin Duncan, won last November.
A petition filed Wednesday by City Attorney Charline Gipson’s office argues that Act 15, the law that eliminated Duncan’s seat as he was poised to take office, deprives Orleans Parish voters of their rights under the due process and equal protection clauses of the 14th Amendment.
Moreno, City Council President JP Morrell and Calvin Johnson, the former criminal court judge who was named by the City Council as an interim clerk to lead a newly unified clerk’s office, are named as petitioners
quote:
“The Attorney General and the Governor are doing everything they can to distract us from their abuses of power while trying to intimidate our leadership,” Duncan said in a statement Wednesday. “I am proud that our leaders remain focused on fighting for our right to have our votes count. “
Louisiana Attorney General Liz Murrill responded Wednesday that her office will follow its usual practice by filing a waiver with the Supreme Court and seeing if they ask for a response..
LINK
Posted on 10/5/26 at 1:56 pm to 4cubbies
Can someone explain this situation like I’m 5
Thanks
Thanks
Posted on 10/5/26 at 1:58 pm to 4cubbies
They, like you, can’t help themselves.
Posted on 10/5/26 at 2:01 pm to 4cubbies
Thanks for posting. It's a really interesting case.
Has the state ever offered a reason for the action other than "we don't like the choice Orleans Parish voters made?"
Has the state ever offered a reason for the action other than "we don't like the choice Orleans Parish voters made?"
Posted on 10/5/26 at 2:02 pm to GreatLakesTiger24
I thought you'd never ask!
Per the Louisiana Constitution adopted 150 years ago, Orleans Parish has a separate criminal and civil clerk of court. They are two separate office with separate officials occupying them. Every other parish had a consolidated position of Clerk of Court.
When the latest Constitution was adopted 50+ years ago, it contained a provision allowing for the separate offices in Orleans Parish to be altered by state legislation.
Calvin Duncan, a man who spent decades in Angola before being exonerated, ran for Orleans Criminal Clerk and was elected with more than 60% of the vote. Landry decided that was not OK. He had Jay Morris draft legislation to consolidate the offices in Orleans Parish, effectively nullifying the outcome of the election.
The legislation was signed into law and Calvin Duncan's office was abolished.
Orleans Parish is challenging this egregious abuse of power, total disregard for local democratic governance, and state overreach.
Per the Louisiana Constitution adopted 150 years ago, Orleans Parish has a separate criminal and civil clerk of court. They are two separate office with separate officials occupying them. Every other parish had a consolidated position of Clerk of Court.
When the latest Constitution was adopted 50+ years ago, it contained a provision allowing for the separate offices in Orleans Parish to be altered by state legislation.
Calvin Duncan, a man who spent decades in Angola before being exonerated, ran for Orleans Criminal Clerk and was elected with more than 60% of the vote. Landry decided that was not OK. He had Jay Morris draft legislation to consolidate the offices in Orleans Parish, effectively nullifying the outcome of the election.
The legislation was signed into law and Calvin Duncan's office was abolished.
Orleans Parish is challenging this egregious abuse of power, total disregard for local democratic governance, and state overreach.
Posted on 10/5/26 at 2:02 pm to GreatLakesTiger24
Duncan had his chair taken away. The City of New Orleans was put in time out.
Posted on 10/5/26 at 2:02 pm to IvoryBillMatt
quote:
Has the state ever offered a reason for the action other than "we don't like the choice Orleans Parish voters made?"
"Because we can."
Posted on 10/5/26 at 2:03 pm to GreatLakesTiger24
quote:
Can someone explain this situation like I’m 5
suspect cubbies wants a 12 page discussion on all this foolishness from new orleans
Posted on 10/5/26 at 2:04 pm to tiger789
quote:
suspect cubbies wants a 12 page discussion on all this foolishness from new orleans
In a nutshell.
Posted on 10/5/26 at 2:05 pm to 4cubbies
quote:
Because we can."
Solid
Posted on 10/5/26 at 2:06 pm to 4cubbies
quote:
4cubbies
Even Debra Messing seems to have "awakened" to a certain extent, but I guess there is simply no hope for you. As I've stated before, you could be the poster girl for everything that's wrong with New Orleans.
quote:
Calvin Duncan
Why do I feel like I could write his life story?
Posted on 10/5/26 at 2:06 pm to tiger789
quote:I lol'd
suspect cubbies wants a 12 page discussion on all this foolishness from new orleans
You're not wrong.
Posted on 10/5/26 at 2:07 pm to 4cubbies
Posted on 10/5/26 at 2:08 pm to 4cubbies
I wouldn’t count on relief from SCOTUS.
Posted on 10/5/26 at 2:12 pm to teke184
quote:
I wouldn’t count on relief from SCOTUS.
quote:
A petition filed Wednesday by City Attorney Charline Gipson’s office argues that Act 15, the law that eliminated Duncan’s seat as he was poised to take office, deprives Orleans Parish voters of their rights under the due process and equal protection clauses of the 14th Amendment.
Is New Orleans being deprived of the services of a Clerk of Court?
No. There is still a clerk.
Regarding equal protection, is Orleans Parish entitled to a 2nd Clerk’s office when every other parish in the state manages with one?
No.
Case dismissed.
Posted on 10/5/26 at 2:12 pm to teke184
If they grant writ, Bard, Red Stick Rambler and I can carpool to the proceedings.
Posted on 10/5/26 at 2:13 pm to 4cubbies
quote:
Mayor Helena Moreno’s administration is asking the U.S. Supreme Court to overturn a decision by the Louisiana Supreme Court earlier
Posted on 10/5/26 at 2:14 pm to GreatLakesTiger24
quote:
Can someone explain this situation like I’m 5
Thanks
Posted on 10/5/26 at 2:15 pm to Godfather1
quote:
Case dismissed.
This is a question of should a state government have the ability to nullify certified election results (of an election the State oversaw) depending on the outcome?
Posted on 10/5/26 at 2:15 pm to 4cubbies
quote:
I thought you'd never ask!
Per the Louisiana Constitution adopted 150 years ago, Orleans Parish has a separate criminal and civil clerk of court. They are two separate office with separate officials occupying them. Every other parish had a consolidated position of Clerk of Court.
When the latest Constitution was adopted 50+ years ago, it contained a provision allowing for the separate offices in Orleans Parish to be altered by state legislation.
Calvin Duncan, a man who spent decades in Angola before being exonerated, ran for Orleans Criminal Clerk and was elected with more than 60% of the vote. Landry decided that was not OK. He had Jay Morris draft legislation to consolidate the offices in Orleans Parish, effectively nullifying the outcome of the election.
The legislation was signed into law and Calvin Duncan's office was abolished.
Orleans Parish is challenging this egregious abuse of power, total disregard for local democratic governance, and state overreach.
Apparently, you forgot that you were explained how all of this works in the other thread you were on.
quote:
Article 137 did indeed explicitly create the Criminal Clerk of Court position in the 1879 state constitution.
However, that was overruled by the passage of the 1973 state constitution and from that point on it was empowered only through statute.
quote:
I would have thought that even you would know the 1879 Constitution you linked was discarded on January 1, 1975 after Edwin Edwards was able to arrange a Constitutional convention the Spring of 1974 and convince voters to accept the new constitution by a statewide vote in April, 1974.
LINK
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