The doors of the Orleans Parish Clerk of Criminal Court’s office opened Monday morning to a scene of hard-won victory. By noon, those same doors marked a swift, court-ordered exit.
Calvin Duncan, the former life-prisoner turned legal advocate who captured 68 percent of the vote last November, arrived before 8:00 a.m. to assume the office he fought nearly thirty years to reach. He was backed by a throng of supporters and a Sunday night order from U.S. District Judge John deGravelles, which declared the state’s attempt to abolish his position unconstitutional.
For four hours, Duncan was the Clerk. He toured record-keeping vaults, filled out HR paperwork, and accepted the keys from outgoing clerk Darren Lombard.
But the triumph was short-lived. By mid-morning, a two-sentence order from the U.S. Fifth Circuit Court of Appeals—prompted by an emergency request from Attorney General Liz Murrill—stayed the lower court’s ruling. The whiplash legal maneuver sent Duncan walking out of the building without his title, leaving the future of the office in a state of unprecedented constitutional limbo.
The Law at the Center of the Storm
The conflict centers on Act 15 (formerly Senate Bill 256), a piece of legislation that effectively erases Duncan’s job by merging the Orleans Parish civil and criminal clerk offices.
- The State’s Argument: Proponents, led by Attorney General Murrill and state legislators, argue the merger is a necessary fiscal move to streamline a “costly” Orleans Parish judicial system.
- Duncan’s Argument: Duncan and his legal team from the ACLU contend the law is a “pretextual” personal attack aimed at preventing a formerly incarcerated man from holding power.
Judge deGravelles initially sided with Duncan, ruling that while the state can abolish offices, it cannot bypass the state Constitution’s requirement for elections in newly created clerkships. He noted that the move likely violated Duncan’s federally protected rights to due process.
A Courthouse in Limbo
As Duncan departed, the keys and responsibilities of the office shifted toward Chelsey Richard Napoleon, the Orleans Civil Clerk of Court, whom Act 15 installs as the parish-wide leader.
The timing of the legal tug-of-war is particularly sensitive as New Orleans prepares for the May 16th election. Napoleon, now overseeing a combined staff of over 85 employees, issued a brief statement focused on stability.
“My focus is on the people of Orleans Parish, the uninterrupted operation of services they rely on, and preparation for the May 16th election,” Napoleon said.
What’s Next?
The battle is now moving toward the highest courts in the land. Attorney General Murrill maintained that the Louisiana Supreme Court should be the final arbiter of state law. Meanwhile, Duncan’s attorneys are preparing an emergency writ to the U.S. Supreme Court to challenge the Fifth Circuit’s stay.
For Duncan, the day ended not with a seat behind a desk, but with a vow to continue the fight. “He has always done his best to comply with the law,” his team stated, “and he continues to do exactly that during these unprecedented and evolving legal developments.”
Whether Duncan’s four-hour tenure counts as having officially “assumed” the office remains a question for the judges to decide in the coming days.
