The New Orleans City Council has appointed retired judge Calvin Johnson to be the interim clerk of the consolidated Orleans Parish Clerk of Court's Office, but the elected civil clerk, Chelsey Napoleon Richard says that appointment is illegal.
So what's next for the parish and the new post? Likely a spate of lawsuits, and the city council president says he'll gladly let the courts decide what happens next.
"This is a matter that will be litigated," council president J. P. Morrell said shortly before the council voted 5-2 to appoint Johnson and to hold a special election for the consolidated clerk's post this fall. "What we do . . . will not be the final disposition on this issue. That will be for the courts to decide."
According to Morrell, the lawmakers who pushed Act 15 through the Legislature put New Orleans city leaders in a Catch 22. While the new law names Napoleon as the clerk of the consolidated office, Morrell says the law creates a new office. That, he says, required the council to call for an election and appoint someone to that new post.
"Because things occurred in Baton Rouge without the say-so of our local citizens, a conflict in law has emerged," 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."
Morrell said he expects several lawsuits to be filed because of these votes, and he welcomes them.
"When you put a conflict of law up at this magnitude, it's the responsibility of the council to take action and for courts to have the final decision," Morrell said. "The courts will have the final say-so."
