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Louisiana Supreme Court upholds New Orleans clerk office consolidation law

1 hour 14 minutes 54 seconds ago Monday, June 01 2026 Jun 1, 2026 June 01, 2026 11:09 AM June 01, 2026 in News
Source: WBRZ

NEW ORLEANS — The Louisiana Supreme Court has upheld a state law abolishing the separate Orleans Parish criminal clerk of court office and transferring its duties to the civil clerk of court.

The court issued its ruling on June 1, finding that Act 15 represents a valid exercise of legislative power under the Louisiana Constitution.

The case centered on whether the legislature had the authority to eliminate the criminal clerk's office without a constitutional amendment. Gov. Jeff Landry signed Act 15 into law on April 30, with it immediately going into effect.

Under the law, the criminal clerk's office was abolished on May 3, with all of its authority, duties and property transferred to Chelsey Richard Napoleon, who had been reelected as clerk of the Civil District Court and is now referred to as the clerk of court for the parish of Orleans.

The court pointed to Louisiana's Constitution, which states that the clerks of the civil and criminal district courts in Orleans Parish are "continued, subject to change by law."

Calvin Duncan had been elected clerk of the Criminal District Court in the November 2025 election, with a term set to begin May 4. Because Act 15 abolished the office the day before his term was to start, he never assumed the position.

Following the law's enactment, a suit was filed in the 19th Judicial District Court arguing the office could only be eliminated through a constitutional amendment.

In the meantime, the New Orleans Council declared a vacancy in the clerk's office and appointed retired Judge Calvin Johnson as interim clerk, while also calling for a special election to permanently fill the position.

Napoleon later filed her own suit against the city and its officials, arguing the council exceeded its authority.

In its June 1 ruling, the court found Act 15 did not create a new office and therefore no vacancy existed, meaning Johnson would not be assuming the clerk duties.

Chief Justice Weimer said the legislature had the right to abolish the criminal clerk's office but argued it must be done prospectively, after an elected official completes the term to which they were elected, to avoid violating the right to vote.

"The action by the Legislature to abolish a public office before the person elected to that office can assume the duties of the office makes a mockery of the electoral process by completely obliterating the constitutional effectiveness of the people's vote," Weimer said.

Justice Griffin said the majority's ruling allows the legislature to nullify the results of any election it disagrees with. Justice Guidry said the ruling condones what he called an unconstitutional political action that subverted the will of Orleans Parish voters.

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