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FOR IMMEDIATE RELEASE:
June 1, 2026
New Orleans City Council Responds to Supreme Court of Louisiana’s Ruling That Special Election Is Not Necessary for Orleans Parish Clerk of Court
NEW ORLEANS, LA — The Supreme Court of Louisiana has issued a ruling regarding the validity of Act 15 of the 2026 Legislative Session, regarding the merger of the offices of Civil and Criminal Clerks of Court, as well as the legality of the appointment of the Civil Clerk into the newly created elected position of Orleans Parish Clerk.
This case arose after the New Orleans City Council voted to appoint an interim Orleans Parish Clerk of Court and to set an election date for the newly appointed position.
A divided court has ruled in a 4-3 decision that the appointment of the Orleans Parish Clerk did not require a special election, and that the recently appointed Orleans Parish Clerk of Court can serve the full term of the newly established office.
What the Court was not divided on was the baseless attempts to threaten 7 elected officials with removal from office for calling the question on legitimate legal concerns regarding the implementation of Act 15. The majority in this decision took the unusual step of further highlighting that the Attorney General's allegations against 5 members of the New Orleans City Council – Council President JP Morrell, Council Vice President Matthew Willard, District A Councilmember Aimee McCarron, District C Councilmember Freddie King, and District E Councilmember Jason Hughes – under the "Usurper Act" were completely baseless from the start and without any possible merit, noting:
"Additionally, due to the obvious confusion surrounding the implementation of Act 15, we foreclose any implication that Chapter 3 of Title 42 of the Louisiana Revised Statutes of 1950, as amended, relating to the usurpation of office, should be found to have been violated here. Any actions taken prior to this Court rendering this judgment shall not be considered a violation of that Chapter." (pg 8 of Majority opinion)
Justice Weimer, in his dissent, went a step further, classifying the Attorney General efforts as an actual threat against elected officials: "Far too much political posturing has already occurred as a result of the enactment of Act 15. Three individuals laid claim to the same office. The New Orleans City Council, District Attorney and Mayor felt compelled to appoint an interim clerk to fill what they deemed was a vacant position. Those officials were threatened with prosecution under the Usurper Statues if they did not cease and desist."
In her dissent, Justice Griffin notes: "The majority allows the legislature to nullify the results of any election it disagrees with, splits from another State Supreme Court decision, and effectively invites review by the United States Supreme Court."
Further, in his dissent, Justice Guidry notes: “What was done in this instance is not only unconstitutional but undemocratic and downright un-American.”
In short, in a significant case with high stakes, the New Orleans City Council stands committed that this position was worthy of debate and that it represented the interests of the voters in New Orleans in respecting votes cast as well as the Council stepping in to preserve the right of citizens to elect a Clerk of their choosing.
"As an attorney, I acknowledge the Supreme Court's ruling on this matter," said Council President JP Morrell. "Despite all of the posturing by a variety of elected officials to either diminish the Council's concerns regarding effort to diminish voters, voting and election results as well as baseless threats to remove us from office in an attempt to intimidate us, we were not deterred. We five councilmembers did what we thought was right, and stand by the vote we made to call the question. This has never been about favoring one clerk over another, but trying to find a solution that would allow New Orleans voters to elect a Clerk of their choice.”
Council President Morrell continues, “While I acknowledge the ruling of the majority and the effort to resolve this matter timely, I disagree with it and remain disappointed by the outcome. I encourage everyone to read the well written and reasoned positions of the dissenting Justices. I also support the efforts of the City Attorney to seek a rehearing on this matter.”
“The Louisiana Supreme Court’s split decision today casts a shadow over our democratic process,” said Council Vice President Matthew Willard. "While I disagree with any legislation or legal ruling that circumvents the judgement of Orleans Parish voters, I must respect this decision. I will continue to do everything in my power to safeguard the people of New Orleans’ constitutional rights.”
“As Chief Justice Weimer states in his dissent, 'the right to vote not only allows citizens to cast their ballots, but also to have their votes counted and have meaning and effect.' The high court's ruling circumvents this constitutionally granted right to the detriment of New Orleans citizens,” said District A Councilmember Aimee McCarron. “From the beginning, our argument was simple: the will of the people should not be overturned by the courts or the legislature. While I respect the Court’s decision—particularly its clear rejection of allegations that the Council acted improperly—I cannot agree with any outcome that disregards the expressed will of voters in this parish or any parish across our state. I know this fight was worthy and right and I will continue focusing on our work to best represent and protect the people of New Orleans.”
View the Louisiana Supreme Court’s Decision here
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Contact:
CouncilCommunications@nola.gov
504.658.1117
 New Orleans City Council
The New Orleans City Council is the legislative branch of the New Orleans city government. The Council considers and enacts all local laws that govern the City of New Orleans. The Council also approves the operating and capital budgets for the City, as recommended by the mayor, and continually monitors revenues and expenditures for local government operations. The City Council is also the regulatory body for public utilities. It also reviews and has the final say on many land use and zoning matters, as well as considers major economic development projects for the City. As a Board of Review for Orleans Parish, the Council examines appeals of property tax assessments for real estate taxes and certifies tax rolls to the Louisiana Tax Commission. Other responsibilities of the Council include overseeing the operation of the public access television in Orleans Parish. Streaming video and video archives of the City Council's Regular and Committee meetings can be found on the City Council website.
The City Council is comprised of five districts and Councilmembers-at-large: Council President and Councilmember-at-Large JP Morrell; Council Vice President and Councilmember-At-Large Matthew Willard; District "A" Councilmember Aimee McCarron; District "B" Councilmember Lesli D. Harris; District "C" Councilmember Freddie King III; District "D" Councilmember Eugene J. Green, Jr.; and District "E" Councilmember Jason Hughes.
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