NEW ORLEANS — A sharply divided Louisiana Supreme Court on Monday signed off on abolishing an elected office won by a New Orleans exoneree who had spent nearly 30 years in prison for murder before his conviction was vacated.
The 4-3 decision leaves Calvin Duncan with little path forward to try assuming the role of Orleans Parish clerk of criminal court, a job he won in a landmark election last year before Republican lawmakers raced to eliminate the office this spring.
In a blistering dissent, the court’s Democratic justices said the ruling opened the door to allowing Louisiana lawmakers to subvert the will of voters. The court’s conservative majority disagreed, writing that “this change was entirely within the authority of the Legislature.”
The court also rejected the New Orleans City Council’s attempt to hold a special election, which would have given Duncan the option to run again.
“At a time when our voting rights are under unprecedented attack, this decision clarifies that if we want to live in a democracy, we have to fight for it with every tool our system of government provides,” Duncan said in a statement.
Signed by Republican Gov. Jeff Landry, the bill eliminating the New Orleans clerk’s office was championed by GOP lawmakers as a necessary step toward government efficiency. Supporters denied that it had anything to do with Duncan or his past.
Democrats blasted the change as overreach from a largely white, conservative Legislature that they accused of seeking to thwart the will of a predominantly Black city. Those tensions surfaced again last month when Landry signed a new congressional map that eliminated one of the state’s two majority-Black House districts.
Duncan was convicted of a 1981 murder and was released from prison in 2011. In 2021, an Orleans Parish district judge vacated Duncan’s sentence, finding he had been unjustly convicted and the charges against him were dropped. Duncan is listed on the National Registry of Exonerations.
Brook writes for the Associated Press.
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