New Orleans, LA — After a decade of federal oversight, the New Orleans Police Department (NOPD) may soon see a reduction in external monitoring, pending a judicial decision. U.S. District Judge Susie Morgan is set to rule on a proposal to initiate a two-year “sustainment period” on Tuesday. This adjustment period requires NOPD to demonstrate it can independently uphold the reforms initiated by the existing consent decree, albeit with decreased federal support.
The decision follows extensive discussions about NOPD’s progress toward implementing widespread reforms aimed at eliminating unlawful and racially biased policing. These discussions formulated part of a hearing where NOPD leadership and representatives from the Department of Justice assured Judge Morgan of the NOPD’s continued commitment to constitutional policing. This includes sustained efforts to address racial and gender bias and enhancing community engagement.
A significant enhancement in NOPD’s structure was the recent addition of eight new sex crimes detectives, bolstering the department’s capacity to handle such sensitive cases. Additionally, NOPD expressed plans to collaborate with a Harvard professor to implement real-time bias testing in policing practices, indicating a proactive approach toward ongoing reform.
The oversight commenced in 2013 when a U.S. Department of Justice probe discovered patterns of biased policing activities within NOPD. Ever since the consent decree was adopted, NOPD has been compelled to revamp its policies across various operational spectrums, including use of force and community stops and searches.
In September, NOPD, backed by the city and the Department of Justice, petitioned Judge Morgan to consider the transition into a sustainment period. This phase would serve as a stepping stone toward full autonomy in maintaining reformative measures with minimal federal oversight. It was highlighted that NOPD has met the necessary compliance metrics in key areas, such as managing officer misconduct and calibration of use of police force, thanks to a meticulous revamp of internal policies.
However, the motion for sustainment wasn’t without contestation. Recent filings from Mayor LaToya Cantrell’s administration requested a complete cessation of the consent decree, foregoing the sustainment phase. This abrupt stance from the mayor’s office, reiterating earlier appeals from 2022, suggested the consent decree might be impacting police morale negatively amid dwindling police numbers. This stance was somewhat moderated following the appointment of Superintendent Anne Kirkpatrick in early 2023.
Amid these high-stakes discussions, members of the New Orleans City Council voiced concerns about the mayor’s office attempting to involve a state attorney in the consent decree discussions without prior council approval. This action raised questions about adhering to city charters and the separation of powers within city governance.
At the forefront of sustainment discussions, DOJ’s representative Jonas Geissler emphasized the objective of reaching a “successful resolution,” positioning the sustainment plan as a structured pathway towards achieving long-term compliance independence.
Public meetings have been held to gather citizen feedback on this potential transition, but skepticism persists. Community groups have pointed out ongoing disparities in police conduct along racial lines, potential conflicts of interest within NOPD’s internal monitoring, and lingering issues in how sex crimes are managed.
Judge Morgan maintains a pivotal role in the decision to move NOPD into this next phase. While a shift to sustainment is on the table, the judge has the authority to either extend the sustainment period or even revert back to stricter monitoring if NOPD’s adherence to reforms wanes.
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