Louisiana Supreme Court quashes arrest warrant for AG Liz Murrill

The Louisiana Supreme Court on Friday issued a stay of proceedings and recalled a pending arrest warrant against Attorney General (AG) Liz Murrill.

The 5-2 per curiam decision pointed out “disturbing defects” in Orleans Parish Criminal District Court’s procedure, namely the (1) failure to follow the Louisiana Code of Criminal Procedure and administer a grand jury in the public eye by reportedly arresting and removing reporters from the proceedings and (2) the impropriety of special prosecutor Laurie White’s involvement. Laurie White is the former attorney of an interested party against AG Murrill and is currently being represented by the AG’s office as a defendant in a separate sexual harassment suit.

One of the review standards for the court’s decision was whether AG Murrill, in her previous Emergency Motion to stay, made a strong showing that she was likely to succeed. The court found that there was “considerable support” for a positive view of AG Murrill’s chances.

Dissenting Justices C.J. Weimer and J. Guidry argued that the unevaluated allegations by AG Murrill should have precluded the court from intervening and implied that AG Murrill’s title was garnering special treatment. Justice J. Guidry made special note that AG Murrill’s predicament was no different than that of any other accused individual, and that the majority’s action “tilted” the “scales of justice” in her favor.

AG Murrill was indicted on Thursday on 16 felony counts of malfeasance and intimidation for eight letters that she sent to Orleans Parish leaders. The letters were sent on May 13 in response to the Orleans Parish leaders’ and AG Murrill’s diverging interpretations of Act 15, passed by Governor Jeff Landry. The act provides for one elected clerk of the parish of Orleans, effectively consolidating the civil and criminal clerk positions. With the understanding that Act 15 created a new position for the single clerk of Orleans Parish, the mayor encouraged the New Orleans City Council to appoint an interim clerk, Calvin Duncan, and begin a process for a special election. AG Murrill’s letters condemned this action and asserted that Act 15 abolished the criminal clerk’s office, making the previously elected civil clerk, Chelsea Richard Napoleon, the single Orleans Parish clerk. AG Murrill advised the leaders that the actions violated Louisiana’s usurper statutes and would be met with litigation and potential fines or imprisonment.

This threat of litigation was deemed an act of malfeasance and public intimidation. Malfeasance is committed when a public official fails to perform a lawful duty or performs a lawful duty in an unlawful manner. Public intimidation is committed when a person uses “violence, force, extortionate threats, or true threats … with the intent” to influence a public officer’s conduct. 

Governor Jeff Landry defended AG Murrill, calling the indictment a “political witch hunt” against AG Murrill, who was “merely upholding the law.” Governor Landry has historically embraced a “tough on crime” approach, which can be seen as contrasting the downsizing of the criminal division. The act took effect just days before the elected Democratic exoneree Calvin Duncan was set to take office. Calvin Duncan was exonerated of a murder conviction in 2021 after evidence revealed police officers had lied about him. In light of this backstory, many Democrats see Act 15 as a political targeting of Democrats and Black officials. Republicans, however, including Governor Jeff Landry, argue that the consolidation will make the “local judicial system more efficient and cut costs.”