Federal Appeals Court Restores Act 15, Halting Calvin Duncan’s Brief Tenure as Orleans Criminal Clerk

By Danielle Coston
The New Orleans Tribune

In a dramatic reversal that reshapes the future of Orleans Parish court administration, the U.S. Court of Appeals for the Fifth Circuit on Monday stayed a federal judge’s temporary restraining order blocking Louisiana’s newly enacted Act 15, allowing the law abolishing the elected office of Orleans Parish Criminal District Court clerk to take immediate effect.

The ruling effectively cut short the first day in office for Calvin Duncan, who had only hours earlier assumed the post after a late-night decision by U.S. District Judge John W. deGravelles temporarily blocked enforcement of Senate Bill 256, the controversial legislation signed late last week by Gov. Jeff Landry and now enacted as Act 15.

Act 15 eliminates the separate office of Orleans Criminal District Court clerk and transfers all authority, records, staff, and responsibilities to the office of the Orleans Civil District Court clerk, creating a single consolidated clerk’s office for Orleans Parish courts. Under the law, the criminal clerk’s office was officially abolished at the close of May 3 — one day before Duncan’s elected term was set to begin.

DeGravelles had ruled Sunday night that the law likely violated constitutional protections by nullifying the results of an election already decided by Orleans Parish voters. Duncan won that race decisively last fall, capturing roughly 68 percent of the vote in a closely watched runoff. The judge found that abolishing the office after voters had selected their candidate raised serious due process and voting-rights concerns.

But in an emergency appeal filed by Louisiana Attorney General Liz Murrill, the Fifth Circuit issued an administrative stay, pausing deGravelles’ order and restoring Act 15 while broader legal questions move forward. State officials argue the matter centers on Louisiana’s authority to create — and abolish — offices established by state law.

The result is legal and political whiplash and a blow to the voters of Orleans Parish who overwhelming elected Duncan last fall. Duncan entered the courthouse Monday morning as the elected criminal clerk, but by midmorning had left, his office once again erased by an overreach of the governor and state legislature.

For now, Act 15 is in effect; and the consolidation of Orleans Parish’s civil and criminal clerk functions is the law of the state, pending the next round of court review.