How Calvin Duncan's election led to Liz Murrill's indictment
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Calvin Duncan with his commission to serve as the clerk of Orleans Parish Criminal Court. Photo: Courtesy of Duncan's campaign
The legal battle that led to Attorney General Liz Murrill's indictment began with Calvin Duncan's election.
The big picture: Duncan, who spent 28 years in prison before being exonerated, launched his campaign for clerk of criminal court last year and quickly became the focus of several national stories.
- During the campaign, Murrill sent him a letter saying his claim that he had been exonerated was an "inaccurate statement."
- Duncan won the seat in November.
Yes, but: The victory was short-lived.
- The Republican-led Louisiana state Legislature overhauled the state's court system, with the most notable changes in New Orleans.
- Lawmakers reduced the number of judges and eliminated Duncan's office, consolidating it into one clerk position for Orleans Parish.
- Murrill maintained that Chelsey Richard Napoleon automatically became the new clerk. Duncan challenged the interpretation in court.
Zoom out: Duncan went to work in May, before the 5th Circuit Court of Appeals ruled in the state's favor later that day.
- The New Orleans City Council then got involved, with president JP Morrell saying there was legal ambiguity about the position — was it newly created and would require an election or was it simply a consolidation, as Murrill said?
- Moreno and city District Attorney Jason Williams wrote letters advising the council to appoint a temporary clerk and hold a special election. Five members — everyone except Lesli Harris and Eugene Green — voted to do that.
The friction point: Murrill fired back with letters to Moreno, Williams, the five councilmembers and the appointee, retired judge Calvin Johnson.
- She cited a "usurper law" in the letters, saying she could have Moreno and the others removed from office if they didn't back off their decision for a special election.
- The letters said Gov. Jeff Landry would then appoint their replacements.
- Moreno and the five City Council members responded with videos saying they wouldn't back down and would wait for the court to decide.
Zoom in: Those letters led to the indictment.
- An Orleans Parish grand jury on Thursday indicted Murrill on 16 felony counts including intimidation and malfeasance.
- Murrill called the charges a "political witch hunt" and said she hopes the Legislature "will ensure this cannot happen again."
The courts weigh in: The Louisiana Supreme Court sided with Murrill in the clerk case, saying Napoleon is the clerk.
- The Moreno administration has asked the U.S. Supreme Court to review the case. There's no word from the highest court whether they will take up the case.
- Several related cases remain pending.