By: Chris Joseph | fox8live.com | September 27, 2024
NEW ORLEANS (WVUE) – The U.S. Department of Justice and the City of New Orleans have asked a federal judge to start the process of freeing the NOPD from court oversight and begin the final stages of the department’s consent decree.
The parties filed a joint motion Friday morning (9/27), stating that NOPD and the city “have achieved compliance sufficient to enter the Sustainment Period.”
The sustainment period is a two-year window where NOPD must prove it can sustain reforms implemented and continue to pursue remedial actions laid out in a filed ‘sustainment plan’. If NOPD successfully does so for the duration, it will be released from its federal consent decree.
Federal Judge Susie Morgan will need to sign-off on the request before the sustainment period can begin. Morgan responded to the filing almost immediately, submitting a notice to the public.
She stated:
“The public is assured that there will be continued monitoring and Court oversight during the Sustainment Period, and, should there be a failure by NOPD or the City to comply with the Sustainment Plan, the Court will take swift and decisive action as appropriate.”
Morgan laid out the following timeline for public input on the motion:
Within 45 days:
- The court will hold a public hearing, allowing for community members to share their views on whether the motion should be granted and give their thoughts on the sustainment plan.
- The Monitor of the consent decree will hold multiple virtual and/or in-person public meetings to answer questions and get community feedback.
Within 60 days:
- The court will hold a hearing to hear oral arguments on the motion.
Morgan also invited the public to send in comments, putting in her response:
“The public is encouraged to submit written comments to the Court before October 25, 2024, via email to Clerk@laed.uscourts.gov or addressed to Clerk of Court, U.S. District Court, EDLA, 500 Poydras St., Room C-151, New Orleans, LA 70130.”
Additionally, she wrote:
“The Court further invites community members to submit comments and questions to the Court in writing before October 25, 2024 through the Monitor’s email address, aburns@consentdecreemonitor.onmicrosoft.com.”
Morgan wrote she “applauds” the progress NOPD has made and looks forward to hearing from the public.
Metropolitan Crime Commission Vice President Michelle Foster said the filing represents a stark gains NOPD has made over the previous year.
“I think it’s important to obviously still point out concerns that the community has, the judge has, the Department of Justice may have. But also, to applaud the work that has been done, the progress that has been done over the last 12 years. I don’t think this motion would have been filed if they thought the judge was far off from approving it,” she said.
Dillard University Political Analyst Robert Collins, Ph.D. shared the view that Judge Morgan will likely allow the process to proceed.
“Generally speaking, when the justice department says that they feel comfortable with the consent decree ending, the judge is going to go along with the justice department,” he said.
Both Collins and Foster said the removal of the decree would carry benefits for NOPD, including a reduced financial burden and improvements in recruitment and retention.
New Orleans Independent Police Monitor Stella Cziment said Judge Morgan’s approval is not a guarantee. She said the department has made significant progress but issues remain with internal investigations and use of force.
She said she expects public pushback, but questions how much power that will carry with the court.
“We have not seen the community’s voice be a factor in any of the court’s rulings. So now the question is going to be if the community is going to grade NOPD, how will that impact any ruling or decision that she makes?” she said.
Cziment said she’s hoping for more information on the format of the meetings and hearing.
Mayor LaToya Cantrell and NOPD Superintendent Anne Kirkpatrick released a joint press release. Cantrell’s statement reads:
“Today represents the power of our community in the City of New Orleans. It demonstrates that we have continued to do the work, and I am proud of the women and men of the New Orleans Police Department and their dedication to help get us to this important point. This has been a priority of my administration, and I have been laser focused since the beginning of my tenure, pushing forward critical reforms, and investing in public safety to build a stronger, more resilient City. It proves that we are stronger together when we commit to real, transformative change.”
Kirkpatrick added in part:
“This moment marks the culmination of years of hard work and progress. We have arrived at a point where the NOPD can confidently move into the sustainment phase of the consent decree. Our officers, staff, and leadership have worked tirelessly to build a department that the people of New Orleans can trust and be proud of,”
Attorney General Liz Murrill released a statement reading:
“This consent decree has been costly for the city and the state in many ways, not the least of which is millions of dollars. In 2012, the federal Department of Justice filed its complaint and the city consented the very same day to being placed under federal supervision for many matters that went well beyond constitutional requirements. I hope this is a meaningful path to reduce the scope of oversight and to create objectively measurable metrics focused on returning power and oversight to the people, not the federal courts.”
The City of New Orleans, the DOJ, and the NOPD entered into a consent decree in July 2012 and the federal court approved the consent decree in January 2013.
In the last decade, the decree has challenged NOPD to make reforms on use of force; stops, searches, seizures and arrests; photographic lineups; custodial interrogations; bias-free policing; policing free of gender bias; community engagement; recruitment; training; performance evaluations; promotions; officer assistance and support; supervision; secondary employment; and misconduct-complaint intake, investigation and adjudication.