Council calls special election for consolidated clerk's post; appoints interim clerk

The consolidation of the Orleans Parish civil and criminal clerks of court offices will go on pending litigation before the Louisiana Supreme Court. With the consolidation moving forward, New Orleans city leaders have called for a special election for what it says is the vacant clerk of court's office, despite the elected civil clerk of court saying the consolidation act makes her the one and only clerk of court for Orleans Parish.

On Monday, the Louisiana Supreme Court paused a district court's injunction preventing the state from enforcing the law consolidating the offices. This prevents the elected criminal court clerk, Calvin Duncan, from assuming the office while the case plays out before the state's high court.

Meanwhile, the New Orleans City Council approved a measure to call a special election to fill the newly-consolidated Orleans Parish Clerk of Court's Office. The council also appointed retired district judge Calvin Johnson to what it says is the vacant office pending the election.

Civil Clerk of Court Chelsey Richard Napoleon is raising questions as to the legality of the council's attempt to appoint a new clerk. She said Act 15 makes her the head of the consolidated Orleans Parish Clerk of Court's Office. She called the council's vote "illegal and contrary to law."

However, the city council's attorney said she advised the council to take Monday's vote so it could have "all paths forward to remain on the table" while the courts decide the fate of Act 15.

Council President J. P. Morrell said Act 15 conflicts with existing law that requires the council to appoint an interim clerk within 20 days of a declared vacancy in office. He said failing to do so put the city at risk of having Governor Jeff Landry appoint the new court clerk. Morrell added that he knows this vote will lead to more lawsuits over the clerk's office, conceding that ultimately the courts would decide how the Orleans Parish Clerk of Court's Office operates in the future.

"At the end of the day, the courts will have the final say-so," Morrell said. "All that we are doing is doing what is required by law because the language (in the law) that says a special election SHALL be called is not permissive. It says that if there is a possibility that a new office has been created and that there needs to be an election because there was no election for that office, the council SHALL call a special election and elect an interim. So I would argue the council doing nothing would be breaking the law, and so we are doing what we believe is best situated to preserve all options on the table."