A Louisiana man whose murder conviction was vacated after decades in prison for a wrongful conviction briefly began work Monday as Orleans Parish’s elected criminal court clerk, only to have his start thrown into legal limbo less than a day later. Duncan’s day unfolded amid a fast-moving court battle over a state law that eliminated the elected clerk role and transferred the job’s responsibilities to another official.
DeGravelles, a U.S. district judge, intervened on Sunday after ruling that the statute was unconstitutional. In court filings and arguments reported by The Associated Press, he said the law replaced an elected office with a political appointee. He issued a restraining order while the litigation continues.
The dispute then escalated within hours. The 5th U.S. Circuit Court of Appeals later granted a stay at the state’s request, freezing the decision after the order went into effect. When Duncan was seated inside the clerk’s office earlier in the day, he told the AP he believed the decision would hold: “I am the clerk of the criminal district court, that will never change.”
Within the legal uncertainty created by the appeals court’s stay, Duncan’s legal position also shifted operationally. Emily Ratner, a spokesperson for Duncan, later told the AP in a text message that Duncan had “ceased acting” as clerk to comply with the latest court ruling. She added that he “continues to do exactly that during these unprecedented and evolving legal developments.”
The underlying fight centers on timing and elections. Duncan won 68% of the vote to serve as Orleans Parish criminal court clerk, and his term began amid a legislature push that supporters of the state’s plan said was meant to consolidate government functions. According to the AP report, the governor signed the law Thursday to have the Orleans Parish clerk of civil court take over the responsibilities of the clerk of criminal court, and the legislature moved days before Duncan’s term was to start to eliminate the position.
Chelsea Richard Napoleon, the civil clerk, said she was monitoring the legal case and that her goal was to “adhere to the duties entrusted with me under Louisiana law.” Louisiana Gov. Jeff Landry and Republican allies, the AP reported, said consolidating the clerk’s offices improved efficiency and brought Orleans Parish in line with the rest of the state. New Orleans leaders said they were not consulted and opposed the changes.
Civil rights advocates said the state acted too quickly to carry out what they view as a disenfranchisement strategy. Alanah Odoms, director of the American Civil Liberties Union of Louisiana, told reporters that Duncan’s term began at midnight and “it cannot be cut short under the state’s constitution.” Odoms said the ACLU would continue pressing that argument before the appeals court and, if needed, the U.S. Supreme Court.
Supporters of Duncan argued that eliminating the clerk job thwarts the will of voters in New Orleans, a predominantly Black Democratic hub in a Republican-led state. The AP report said civil rights groups warned that the Duncan case could be a preview of a coming wave of disenfranchisement of minority voters amid broader changes after the Supreme Court dismantled a key provision of the Voting Rights Act in an effort led by Louisiana.
The economic case for consolidation, meanwhile, remained more limited in certainty. A nonpartisan legislative auditor, according to the AP report, found that eliminating the criminal clerk of court role saves the state an estimated $27,300, but that the long-term costs or savings of consolidation were unclear. The report said the legislation also shifted about $1.1 million in state expenditures to Orleans Parish. The AP added that in April, Republican lawmakers refused to consider an amendment that would have allowed Duncan to serve out his term before eliminating the criminal clerk position.
Duncan’s path to the clerk’s office had been unusual even before Monday’s court stay. The AP reported that his murder conviction was vacated in 2021 and that he taught himself law behind bars, later becoming a licensed attorney. He ran for the clerk position vowing to improve access to court records, and he told the AP at the start of Monday’s day—when he still appeared to be acting in the role—that he planned to spend the day getting to know employees and others at the court.
Asked about the turbulence, Duncan also told the AP that the office’s employees would continue processing cases and overseeing elections “no matter who is the clerk,” even as the state and federal courts continue to fight over whether Louisiana can end the elected office before the term’s end.