The war of words between Louisiana Attorney General Liz Murrill and New Orleans city leaders continues, with both sides accusing the other of violating state law.
Murrill says the city council broke the law by appointing a consolidated clerk of court despite Act 15 naming civil clerk Chelsey Richard Napoleon the one and only court clerk for Orleans Parish. Mayor Helena Moreno and city council members say Murrill violated a law banning the intimidation of public officials when she threated to have them removed from office for going forward with appointing a new clerk and calling for a special election.
Now, a legal analyst is saying everyone involved in the controversy needs to take a chill pill.
"Everybody just needs to relax, let the litigation run its course, and we'll get a final definitive answer within the next several weeks," Loyola University law professor Dane Ciolino said.
Ciolino says reasonable minds can see both Murrill and city leaders have valid arguments. He also says reasonable minds could differ as to what should happen next in the New Orleans clerk of court saga.
"The problem here is: we're in unchartered territory," Ciolino said.
Although Act 15 transferred the criminal clerk of court's duties to civil clerk Chelsey Richard Napoleon, Ciolino says the law created a new office.
Ciolino says under state law, an election must be held for that new office.
"It reasonably can be interpreted as a new position," Ciolino said. "The people in Orleans Parish should have the ability to vote on this new combined clerk's office."
Ciolino says the ongoing spat between city and state leaders won't solve the issue.
"The only opinion that matters on this at the end of the day are the opinions of the seven justices on the Louisiana Supreme Court," Ciolino said. "At the end of the day, the Louisiana Supreme Court has to and will undoubtedly weigh in on these issues. It's just going to take some time."
Later today, the New Orleans City Council will go into executive session to discuss pending litigation including Napoleon's lawsuit seeking to invalidate the council's appointment of retired judge Calvin Johnson to the clerk's office and its decision to call a special election in November.
The agenda says the council will discuss the following litigation:
Chelsey Richard Napoleon, in her official capacity as Clerk of Court for Orleans Parish v. City of New Orleans, ; Jean Paul “J.P.” Morrell in his capacity as President of the New Orleans City Council the New Orleans City Council, Helena Moreno in her capacity as the Mayor of the City of New Orleans and Calvin Johnson, in his capacity as City Appointed Interim Clerk of Court for Orleans Parish., Case No. C-7782244 23, Division A, 19th Judicial District Court for the Parish of East Baton Rouge, Judge Tarvald A. Smith
