The Louisiana Supreme Court ruled 4-3 Monday that the law eliminating the Orleans Criminal Clerk of Court's office is legal.
The ruling not only effectively throws out the election of Calvin Duncan, it also means there is no vacancy in the clerk's office, and the duties of the criminal clerk transfers to the civil clerk's office, currently held by Chelsea Richard Napoleon.
New Orleans officials, including a majority of the city council and Mayor Helena Moreno, had argued that the legislature created a new position.
In turn, the council appointed retired judge Calvin Johnson as interim clerk and scheduled an election for the fall.
The state supreme court ruling nullifies both those actions.
"As I stated from the beginning, the Legislature had the constitutional authority to consolidate these offices, and Act 15 clearly transferred all duties and responsibilities to Orleans Parish Clerk of Court Chelsey Richard Napoleon. The Louisiana Supreme Court got this right," said Attorney General Liz Murrill.
New Orleans Mayor Helena Moreno released the following statement:
"While I am disappointed in today’s ruling, we stood up for the voters of Orleans Parish and defended what many believed was their constitutional right to have the results of an election respected. The Louisiana Supreme Court has now provided final clarity on the legality of Act 15 and the consolidation of the Clerk of Court offices. Importantly, the Court also made clear that the Mayor, District Attorney and 5 Councilmembers did not violate Louisiana’s usurper law as the Attorney General had claimed. From the beginning, our actions were guided by the need to protect continuity of government, uphold the rule of law, and ensure the people of New Orleans had a voice during a confusing and unprecedented situation. We will respect the Court’s decision and remain focused on serving the people of New Orleans."
Duncan also has a federal suit pending.
