Late Sunday, a federal judge in Baton Rouge granted a temporary restraining order, allowing Calvin Duncan to take office as the Criminal Court Clerk in Orleans Parish.
Judge John deGravelles ruled that a move by the legislature to pass legislation that was signed into law by Gov. Jeff Landry, which eliminated the criminal clerk and formed the Orleans Parish Civil Clerk to take over and manage both offices, was unconstitutional.
deGravelles was appointed to the federal bench by former President Barack Obama
Landry signed the Senate Bill 256 into law last week; it became Act 15.
The TRO is for 14 days, but the judge has called a hearing Monday in Baton Rouge to discuss details on how to move forward.
Duncan was elected in New Orleans last fall, beating incumbent Criminal Clerk Darren Lombard.
Duncan served more than 25 years in prison at Angola, for a murder he was later cleared of.
Duncan posted on social media saying, “I am elated because the people’s right to vote is being honored. This ruling shows the power of the constitution, when faithfully applied, to protect our right to vote. Today, and on all days, I am reminded that God is in control.”
New Orleans Mayor Helena Moreno said, “This ruling is about protecting the fundamental right of voters and having their voices heard. The court made it clear that you cannot change the rules after an election has already taken place. Voters in New Orleans overwhelmingly elected Calvin Duncan and the will of the people should be respected.”
In the order, the judge wrote:
“IT IS ORDERED that the Emergency Motion for Temporary Restraining Order (Doc. 2)filed by Plaintiff Calvin Duncan, in his official capacity as Clerk-Elect of Orleans Parish Criminal District Court, and in his personal capacity as an Orleans Parish voter is GRANTED IN PARTAND DENIED IN PART. The motion is GRANTED in that the Court finds that Senate Bill 256, Act No. 15, is UNCONSTITUTIONAL. As a result, Defendants Governor Jeff Landry and Secretary of State Nancy Landry are ENJOINED from (1) enforcing SB 256; (2) certifying the appointment of the Clerk of Civil District Court for the Parish of Orleans as the Clerk of Court for the Parish of Orleans; and (3) issuing the Clerk of Civil District Court a commission for the position of Clerk of Court for the Parish of Orleans.”
The Landry administration and Attorney General Liz Murrill could appeal the decision.
Congressman Troy Carter saying: “Thank you to U.S. District Judge John deGravelles for upholding the Constitution and protecting the will of the voters. Clerk-elect Calvin Duncan can now move forward, and SB 256 has been rightly blocked. The people spoke. The law matters. Democracy must stand.”
This is a developing story; WDSU will have more updates as they are available.
