NOPD tells DA it’s ready to leave consent decree, asks for comment

On October 1, 2024By Rgal Nv

NEW ORLEANS (WVUE) – Leaders of the New Orleans Police Department began arguing publicly Monday evening (Sept. 30) that the force has reached the level of constitutional policing that should allow it to be freed from more than a decade of federal surveillance. .

The NOPD and the U.S. Department of Justice filed a joint motion last Friday, asking a federal judge to trigger the two-year liquidation period that will end its consent decree in place since 2012.

The consent decree — a package of hundreds of reforms — was reached after the city, led by Mayor Mitch Landrieu, requested a Justice Department investigation in 2010-2011 into the department. The investigation revealed numerous instances of racial bias and misconduct within the ranks of the NOPD.

Since then, the department and city have spent tens of millions on new training, reforms and federal oversight while working to comply with the executive order’s requirements. Last year, Mayor LaToya Cantrell strongly objected to not seeing the finish line of the executive order.

Critics have pointed to the expense of the consent decree, the documentation requirements and the years the NOPD had to answer to U.S. District Judge Susie Morgan on specific policing issues. Supporters have called for increased oversight of New Orleans police. Morgan has yet to rule on the joint motion to start the exit timer, which requires the department to remain in continuous compliance for two years.

“The consent decree is not going away anytime soon,” said NOPD Deputy Supt. Nick Gernon said Monday at a police community advisory board meeting. “What we are asking the court to do is to begin the two-year process, the two-year remand period.

“The reforms in the consent decree are in fact permanent reforms within the police force.”

Gernon told the crowd that the department’s next goal is to demonstrate continued compliance with reforms already implemented.

“We’re going to release various reports so people can see what progress or lack of progress is happening,” he said. “We believe we are in compliance or have demonstrated enough reforms to begin the sustainment period, to show that the compliance role will exist in the future.”

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Morgan established the following timeline for public input on the motion:

Within 45 days:

The court will hold a public hearing, allowing community members to share their views on whether to grant the motion and provide feedback on the sustainment plan.
The Consent Decree Monitor will host several virtual and/or in-person public meetings to answer questions and obtain feedback from the community.

Within 60 days:

The court will hold a hearing to hear oral arguments on the motion.

Morgan also invited the public to submit written comments by Oct. 25, via email to [email protected] or addressed to the Clerk of the United States District Court, EDLA, 500 Poydras St., Room C- 151, New Orleans, LA 70130.

Community members can also submit feedback by October 25 via the monitor email address: [email protected].

Some community members at Monday’s meeting said they don’t think the department is ready to end surveillance.

“The consent decree should not go away until it is fully and effectively enforced,” said Antonia Mar of the group New Orleans for Community Oversight of Police. “Of course there can be progress, but progress does not equal compliance. And we know from our interactions with the community and our outreach that racial bias continues to be a concern. In 2023, 90% of police uses of force reported by the Independent Police Monitor targeted Black civilians.

Public participation meetings have not yet been scheduled by Morgan or the federal oversight team.

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