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Court clerk has a single challenger;

Times-Picayune (New Orleans)
BYLINE: Leslie William,

New Orleans, LA

Low-key race has contentious moments

In 2006, when the controversial Kimberly Williamson Butler opted not to seek re-election as clerk of Criminal Court and instead run for mayor, 11 people lined up to replace her.

The queue is much shorter this year.

Only two people are competing for the $119,000 job: incumbent Arthur Morrell, a six-term state representative, and newcomer Harold Weiser III, a local lawyer.

In December, Judge Lloyd Medley Jr. affirmed a Louisiana Board of Ethics decision disqualifying a third candidate, David Nowak, after he signed a "notice of candidacy" stating he did not owe any outstanding fines. He actually owed $300, according to the board.

The low-key contest between the 66-year-old Morrell, a veteran lawyer and politician, and the 26-year-old Weiser, who has been in private practice for about a year, has attracted a fraction of the money and attention other races in the Feb. 6 election have received.

Weiser so far has received $550 in contributions and $1,000 in in-kind contributions; Morrell's most recent campaign-finance report lists contributions of nearly $6,000 and about $9,000 in in-kind contributions.

The challenge for Weiser and Morrell is to divert voters' attention from the issues dominating the mayor's race to a discussion of the clerk's duties as elections manager and custodian of court records, evidence and property.

"Every election has been on time since I started here on June 15, 2006," said Morrell. "The 2008 presidential election was the greatest challenge. As I understand it, the race had the largest turnout ever in terms of the percentage of New Orleans registered voters to participate in an election."

Morrell said his office has increased the number of people assisting voters at large precincts.

Weiser promised to improve elections by increasing the number of polling places in areas where people do not have transportation.

While the two candidates seem to be on the same page when it comes to administering elections, the tone becomes contentious when the subject shifts to securing evidence -- another major task for the clerk, who oversees 91 full-time, six part-time and three contract employees.

Weiser said he has "heard stories from other attorneys and police officers" that evidence was not available for trials because it disappeared from the clerk of court's evidence room. He said he has no direct proof, but has been told the disappearances are common.

Nonsense, said Morrell, who speculated Weiser may be confusing reports about the New Orleans Police Department's evidence room -- from which large sums of cash have been reported missing -- with the clerk's evidence room.

Morrell said that, since he took over from Butler, he has been improving the process for securing, locating and identifying evidence. In early spring, the clerk's office began using a bar-code system to inventory evidence, he said.

Weiser said he plans to upgrade security cameras at the court's off-site evidence room as well as require one police officer and one sheriff's deputy to guard the site at all times.

The two candidates also disagree about whether a new system for filing motions at Criminal District Court even exists. The system has been touted by Morrell.

Instead of waiting in a courtroom to file a variety of motions before a judge, lawyers can file motions at an "intake desk" on the second floor of the courthouse. Weiser argues that the desk "is not operational." The intake desk became fully operational in November, Morrell said.

Chief Judge Arthur Hunter Jr. sided with Morrell when asked about the discrepancy.

"The intake desk is operational," Hunter said.

Weiser and Morrell agree that the court should continue moving toward a paperless system for records.

Weiser is so keen on upgrading the court's computer system to allow lawyers to use it remotely that he promises to use money from his salary and cut the salaries of "higher-paid employees" of the clerk's office to pay for the upgrade.

"Right now," said Weiser, "you can't get anything unless you go to the court building."

. . . . . . .
Leslie Williams can be reached at or 504.826.3358.

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