NEW ORLEANS (AP) — Louisiana’s highest court delivered a narrow 4-3 ruling Monday that upholds the elimination of an elected position captured by a New Orleans man who served almost three decades behind bars for a murder conviction that was later overturned.
The split decision effectively blocks Calvin Duncan from taking on his role as Orleans Parish clerk of criminal court, a position he secured in a historic election last year before Republican state legislators moved quickly to dissolve the office during the spring session.
Democratic justices issued a scathing minority opinion, arguing the majority’s decision creates a pathway for state lawmakers to override voter decisions. However, the conservative majority countered that “this change was entirely within the authority of the legislature.”
The high court also turned down the New Orleans City Council’s proposal for a special election that would have allowed Duncan another opportunity to seek office.
“At a time when our voting rights are under unprecedented attack, this decision clarifies that if we want to live in a democracy, we have to fight for it with every tool our system of government provides,” Duncan said in a statement.
Republican Gov. Jeff Landry approved legislation dissolving the New Orleans clerk’s position, with GOP legislators promoting it as essential for streamlining government operations. Backers insisted the measure had no connection to Duncan or his criminal history.
Democratic officials condemned the action as governmental overreach by a predominantly white, conservative Legislature that they claim sought to undermine the wishes of a mostly Black city. Similar racial tensions emerged recently when Landry approved new congressional boundaries that removed one of Louisiana’s two majority-Black House districts.
Duncan faced conviction for a 1981 homicide and gained his freedom in 2011. A district judge in Orleans Parish threw out Duncan’s conviction in 2021, determining he was wrongfully found guilty, and prosecutors dismissed all charges. The National Registry of Exonerations includes Duncan’s case.
