The Louisiana Supreme Court voted 4-3 on Monday to uphold state legislation that eliminates the elected position of Orleans Parish clerk of criminal court. The decision effectively ends Calvin Duncan’s attempt to assume the office, a post he won in a landmark election last year after spending nearly three decades in prison for a murder conviction that was later vacated.
The court’s conservative majority supported the legislative action, writing in the ruling that “this change was entirely within the authority of the legislature.” The opinion closes the primary legal avenue Duncan had used to challenge the abolition of the clerk position.
Three dissenting justices pushed back against the majority, writing in a dissent that the decision “opened the door to allowing Louisiana lawmakers to subvert the will of voters.” The dissent argued that the state’s intervention overrides the electoral choices made by Orleans Parish residents.
The court also rejected a separate petition from the New Orleans City Council seeking to schedule a special election. The council’s proposal would have allowed Duncan to run for the clerk position again under revised terms.
Duncan secured his election victory last year shortly after his murder conviction was vacated. Before he could take office, Republican state lawmakers passed a bill this spring to abolish the Orleans Parish clerk of criminal court role. Duncan and local officials challenged the legislation in state court, leading to Monday’s final 4-3 ruling.