Wrongfully convicted of murder, the New Orleans native decided to run for New Orleans’ Clerk of Criminal Court, aiming for that office strictly because, according to him, it had denied him access to trial records that would have proved his innocence decades prior. In a runoff against incumbent Darren Lombard, Duncan won with 68 percent of the vote.
But he will not get to serve in his duly elected office.
On Thursday (Apr. 23), the Louisiana state legislature rushed through Senate Bill 256, eliminating the Clerk of Criminal Court position effective in August. Duncan had been ceremonially sworn in on Tuesday (Apr. 21) and was set to take office on May 4. Now the Clerk of Criminal Court will fall under the Clerk of Civil Court and what Duncan referred to as the culmination of his life’s work, will be denied to him.
State Sen. Jay Morris admitted that the bill was introduced with the urging of Louisiana Gov. Jeff Landry. Landry has vehemently opposed Duncan’s election and allegedly is seeking to deny him compensation for the time he was wrongfully imprisoned at the state penitentiary at Angola.
Administration of the state courts are left up to the states (the legislature and executive). There can be no federal oversight of this because administration of the state courts are left up to the states such that the states don’t deny voting b/c age, race, sex; don’t have a slave trade like before the Civil War; and the states recognize the Bill of Rights.
Basically, this is a federalism thing comingling with a state’s separation of powers (there is no redress in the state-court system b/c the separation of powers as mentioned above).
I did not mean in a federal vs state way. I meant in any democracy type way. This goes back to common law. Things like you can’t pass a law that makes something illegal before the point the law started or grandfather clauses.
Well, without looking at how the course of things developed, it could be possible for the other another branch to eliminate the position (likd if the legislature defunds the position to take effect immediately).
On the federal level, once Congress has appropriated funding for something, it cannot be revoked and the executive must spend the money. So, that would be the most grandfather-y thing, but Congress could always defund the program/position next year.
As for the state level, it looks like funding can be taken away immediately. But, even if it can’t, there is no obligation for a state legislature to continue funding something a year later. Basically works like that for everything. Only true positions that exist are the executive, the lieutenant executive, at least 1 judge, and a few legislatures. W erything else is at the financial whims of the legislature. So, you’re out if they want you out.