Statement from the ACLU of Louisiana on Fifth Circuit's Administrative Stay in Calvin Duncan Case

FOR IMMEDIATE RELEASE

Media contact: Jesse Vad, [email protected]

NEW ORLEANS — Last night, at 12:00 a.m. CST, Calvin Duncan assumed office and became the Clerk of Criminal Court for Orleans Parish after a federal court declared Act 15 (SB 256) unconstitutional.

Today, the U.S. Fifth Circuit Court of Appeals administratively stayed that decision. But the decision was not stayed until after Calvin already assumed office. Because Calvin now holds the office, the Louisiana Constitution is clear that his term cannot be diminished. It does not matter that the governor and his administration disagree with what the court decided, they cannot deny the simple fact that Calvin has now assumed office and the administrative stay did not occur until after that happened. If Calvin is forced from office, this administration will be violating the law and forcibly expelling an elected official.

It should also be noted that the stay is administrative in nature. It is not based on the ruling or any merits.

Today has proven without a doubt that Governor Landry and Attorney General Murrill have no respect for the judicial system. They have no respect for the will of the people. And they have no respect for the rule of law.

The ACLU of Louisiana and co-counsel are planning next steps and will respond to the appeal accordingly as ordered by the court.

To Louisianans: call your elected officials and tell them enough is enough. The governor and his administration are violating the law to target a sitting elected official.

Calvin Duncan is Clerk of the Criminal Court for Orleans Parish. That is what the people voted for and that should carry the day.