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Message

re: New Orleans asks Supreme Court to reject removal of Calvin Duncan’s seat as Orleans Clerk

Posted on 10/5/26 at 3:38 pm to
Posted by CleverUserName
Member since Oct 2016
18315 posts
Posted on 10/5/26 at 3:38 pm to
quote:

Just because the State found a legal loophole


Uhhh.. if it's spelled out in the state constitution... that's not a "loophole". That is a power explicitly given to the state.
Posted by moneyg
Member since Jun 2006
64236 posts
Posted on 10/5/26 at 3:39 pm to
quote:

The most just and logical action would be for the law to take effect after the term of the democratically elected official. Then there could be an election for the consolidated office.



I disagree.

I'm going to suggest we should follow the constitution rather than the whims of a middle aged woman who has both a vested and emotional interest in the outcome.
This post was edited on 10/5/26 at 3:41 pm
Posted by I-59 Tiger
Vestavia Hills, AL
Member since Sep 2003
37102 posts
Posted on 10/5/26 at 3:48 pm to
quote:

He is not the subject here. The office is no more. People that are injecting Duncan in here are using it to craft the typcial left "muh racism" narrative, which is hilarious considering the other clerk who's office this was merged with is a black woman.


Thanks.
Posted by beerJeep
Louisiana
Member since Nov 2016
39386 posts
Posted on 10/5/26 at 3:48 pm to
quote:

Per the Louisiana Constitution adopted 150 years ago, Orleans Parish has a separate criminal and civil clerk of court


God thing we are not using a constitution from 150 years ago.

quote:

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.


Also known as………


Perfectly legal under the current LA constitution.
This post was edited on 10/5/26 at 3:50 pm
Posted by 4cubbies
Member since Sep 2008
63663 posts
Posted on 10/5/26 at 3:50 pm to
quote:

I'm going to suggest we should follow the constitution rather than the whims of a middle aged woman who has both a vested and emotional interest in the outcome.


Huh? You steering this discussion to my age and perceived interests demonstrates your own inability to separate your emotions from this situation.

Nobody disputes that the Constitution gives the Legislature authority to alter these offices. The question is whether that authority means the Legislature can conduct an election, certify its results, and then abolish the office before the person voters elected can serve his term.

“The Legislature has the power to restructure the office” does not answer that question.

ETA and both sets of grandparents lived into their 90s so I’m likely not middle aged yet.
This post was edited on 10/5/26 at 3:52 pm
Posted by back9Tiger
Island Coconut Salesman
Member since Nov 2005
18213 posts
Posted on 10/5/26 at 3:51 pm to
quote:

Per the Louisiana Constitution adopted 150 years ago, Orleans Parish has a separate criminal and civil clerk of court.


This is what needs to change. New Orleans can't run a snowball stand much less it's own city government. It's inept and laughable that a generation of morons voted in a generation of morons. The once crown jewel of the south is a joke.
Posted by Jbird
Shoot the tires out!
Member since Oct 2012
93335 posts
Posted on 10/5/26 at 3:51 pm to
Why not run an election etc

Change your mind

No different than a whore getting a train run on her and months later changing her mind.
Posted by beerJeep
Louisiana
Member since Nov 2016
39386 posts
Posted on 10/5/26 at 3:53 pm to
quote:

The Legislature has the power to restructure the office” does not answer that question.


Are you under the assumption that removing the office is not allowed under “restructuring”?
Posted by 4cubbies
Member since Sep 2008
63663 posts
Posted on 10/5/26 at 3:55 pm to
quote:

As stated earlier, NOLA was warned that the office was being resolved. New Orleans went ahead anyway and held an election. Then AG said, "if you continue with this, there could be consequences".
. This is all FALSE. You made this whole story up.
Posted by CleverUserName
Member since Oct 2016
18315 posts
Posted on 10/5/26 at 3:56 pm to
quote:

“The Legislature has the power to restructure the office” does not answer that question.


I see you have never witnessed a corporate "restructuring".

"Restructuring" means a hell of a lot more than Shell gaming employees and tweaking the hierarchy.
Posted by 4cubbies
Member since Sep 2008
63663 posts
Posted on 10/5/26 at 3:57 pm to
quote:

Thanks.


Don’t listen to his fake news.

This is the timeline of events:
November 15, 2025: Duncan wins the criminal clerk election with 68% of votes.

2026 legislative session: Morris introduces SB 256 to consolidate the offices and abolish the criminal clerk position.

April 8, 2026: The Senate passes the bill. As late as April 22, contemporary reporting described Duncan as scheduled to take office May 4 unless the Legislature passed the pending legislation eliminating his office.

April 30, 2026: Landry signs SB 256. It becomes Act 15 immediately.

May 3, 2026: Duncan’s office is abolished, literally the day before his elected term was scheduled to begin on May 4. The Louisiana Supreme Court’s own opinion states precisely this chronology.
Posted by moneyg
Member since Jun 2006
64236 posts
Posted on 10/5/26 at 3:59 pm to
quote:

Huh? You steering this discussion to my age and perceived interests demonstrates your own inability to separate your emotions from this situation.



...only because you don't follow my point.

A single point of view doesn't matter. CERTAINLY, a single point of view from someone like yourself (middle aged, emotional, female, New Orleanian) isn't even the mainstream point of view. It's EXTREMELY biased.

Still, you might notice that I'm not saying do what I want. I'm saying follow the constitution.

Posted by I-59 Tiger
Vestavia Hills, AL
Member since Sep 2003
37102 posts
Posted on 10/5/26 at 4:01 pm to
well, I'm not disputing either one of you. Until one hour ago I wasn't familiar with any of this.

Have a blessed rest of your day.
Posted by tigeraddict
Baton Rouge
Member since Mar 2007
15273 posts
Posted on 10/5/26 at 4:04 pm to
out of all the parishes in the state of LA (64) Orleans parish was the only one to have a criminal and civil Clerk of Court separate.

position was created by state legislature originally for separate civil/criminal branches

LA legislature, who created the positions, passed legislation to combine the two into the currently elected position and eliminated the position that was about to have an election.

city moved forward with the election anyways, and the cities candidate won.

state AG sued city and won in court and all the way to state supreme court. city first tried appeal to federal courts, but fed judge said this was a state issues, and it played out in state courts.

now city is trying again to take it to federal court.

in between al of this, the city tried to indict the AG for a letter she sent to the city stating that if they place the official in position they would be criminally complicit.

Posted by yakster
Member since Mar 2021
4364 posts
Posted on 10/5/26 at 4:06 pm to
Go ahead and add the change in 1973 and then fix it for us.
Posted by Harvey Vortac
MidCity
Member since Aug 2024
729 posts
Posted on 10/5/26 at 4:26 pm to
quote:

The office was abolished after the election, rendering the election obsolete. The state certified election results, then nullified the election results it certified in the name of "efficiency." Just because the State found a legal loophole to do this does not mean that the State acted appropriately.


Why would the secret of state certifying an election preclude the legislative body from exercising its power. The legislature doesn’t work for the Secretary of State. But I guess we will see if the SCOTUS has anything to say about it.

The city planting its flag on this hill seems strange to me as a matter of resource allocation……..at best it buys 2 clerks until the next election cycle.
Posted by dat yat
Chef Pass
Member since Jun 2011
5100 posts
Posted on 10/5/26 at 4:29 pm to
Why not just get a job in Chelsey Richard Napoleon's Clerk of Court's office if he is so interested in being Clerk of Court?

He had zero experience and could have learned a lot from her. She had 24 years working in and leading the Civil Clerk's office...she was qualified to do the job.
Posted by 4cubbies
Member since Sep 2008
63663 posts
Posted on 10/5/26 at 4:35 pm to
quote:

The city planting its flag on this hill seems strange to me as a matter of resource allocation……..at best it buys 2 clerks until the next election cycle.



A message board full of professed small government conservatives being offended that someone would challenge the State's exercise of power to nullify the practical effect of a local election in the name of preserving local democratic governance is quite the acid trip.

Posted by 4cubbies
Member since Sep 2008
63663 posts
Posted on 10/5/26 at 4:37 pm to
quote:

He had zero experience and could have learned a lot from her. She had 24 years working in and leading the Civil Clerk's office...she was qualified to do the job.



Too bad the State didn't allow voters to elect her to the office Landry appointed her to hold. Voters elected two individuals to hold two separate offices. Landry didn't like one of the elected officials, so he got a law passed abolishing that office and appointed Napoleon to the consolidated office that voters were not allowed to elect a candidate to hold.
Posted by Harvey Vortac
MidCity
Member since Aug 2024
729 posts
Posted on 10/5/26 at 4:58 pm to
quote:

A message board full of professed small government conservatives being offended that someone would challenge the State's exercise of power to nullify the practical effect of a local election in the name of preserving local democratic governance is quite the acid trip


Seems to me the horse is already out of the barn relative to small/big government on this matter as it was settled when the 1974 constitution was ratified, the legislature already has that power, the only thing that seems in question is the timeliness in which it may act. Long term Orleans will be down to 1 clerk. Again this seems to not be a rational expenditure of time and resources for a position that is ultimately going away.

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