Court Blocks Louisiana Law Eliminating Exoneree’s Elected Clerk Role

A federal judge temporarily blocked Louisiana from eliminating the elected Orleans Parish criminal court clerk position, allowing exoneree Calvin Duncan to begin work Monday. Duncan, who won 68% of the vote, was set to assume the role after spending decades in prison for a wrongful conviction. However, Republican Gov. Jeff Landry and the GOP-controlled state legislature passed legislation days before Duncan’s term began to abolish the position and transfer its duties to another official. U.S. District Judge John deGravelles granted a restraining order Sunday, ruling the law unconstitutional as it replaced an elected office with a political appointee. The judge emphasized that the state retains authority to abolish offices but argued the process violated Duncan’s due process rights. Louisiana appealed, and the 5th U.S. Circuit Court of Appeals granted a stay Monday morning, freezing the lower court’s order. Landry and Republican allies defended the law, citing improved government efficiency and alignment with the rest of the state. Duncan, who arrived at the courthouse Monday, expressed confidence in winning the legal battle and planned to familiarize himself with court operations.