Road to Reform: When does federal oversight become a burden? What Louisville can learn from New Orleans
While they agree it's made for a more constitutional police force, some New Orleans leaders feel the consent decree has reached a point of diminishing returns.
Louisville Metro Government leaders are hoping its future under federal supervision produces a safer, more equitable city.
But a glimpse into the challenges ahead shows even the most positive change comes at a cost.
For perspective, WHAS11 traveled to New Orleans, Louisiana, to speak with the city's police department, which has been under a federal consent decree for more than 10 years.
Authorities say while it has helped transform the department's culture and policies for the better, the lack of a clear path forward -- and an exit plan -- has proven burdensome.
And after more than a decade, many want out as the city's violent crime problem only grows worse.
While city officials, attorneys, and even community leaders, agree the consent decree has made for a more constitutional police force, some feel it's reached a point of diminishing returns.
The question is: Can Louisville find the middle ground in its future under the DOJ's watch?
Mass Exodus 'Like walking on eggshells'
The New Orleans Police Department (NOPD) is hundreds of officers short and struggling to keep up with the highest homicide rate in the country, based on 2022 numbers.
Eric Hessler, attorney for the Police Association of New Orleans, acknowledges crime has "increased dramatically" in recent years.
“There are many factors at play," he said. "One of them is the lack of manpower."
Hessler says the agreement between the city and the federal government has become a never-ending battle.
"We’ve been recruiting newer, younger police officers with a good attitude and heavy respect for constitutional policing, but it never seems to be enough for the Department of Justice," he said. "[NOPD] accomplishes a task, [and] the monitors seem to come back and say, 'No, you forgot to dot this 'i' and cross this 't,' so go back and do it again.”
Long-time journalist Mike Perlstein, an investigative reporter with WWL-TV in New Orleans, said he's seen the "mass departure" of officers firsthand.
“To say this department is limping along might be an understatement," Perlstein said. He said many outgoing officers blame the consent decree for their leaving.
“They explained, '[With] the consent decree, [it's like] we're walking on eggshells,'" Perlstein noted. "It's cited in the actual exit interviews, some of them documented in writing."
In part two of this series, we showed you NOPD’s improved policies and procedures over the last 10 years under the DOJ's watch.
Now, NOPD Interim Chief Michelle Woodfork feels her team has proved ready to move on to the self-monitoring phase.
"We believe we are at substantial compliance," she told WHAS11. "We just want the opportunity to show the federal judge, and the consent decree monitors, and the DOJ that we can sustain those reforms and become more compliant.”
Woodfork says NOPD feels they're at 86%, "substantial" compliance, which has proven to be the bar for some other cities to move on from federal oversight. But she says the DOJ says NOPD is at 66% compliance -- a stark difference.
An updated report this May found the department only at 73% compliance.
Unfinished Job Community reacts
Longtime civil rights attorney Mary Howell, who's worked on police brutality and misconduct cases for years, says the job isn't finished.
"Consent decrees need to end at some time, but you need to have confidence that we are on sound footing. And I will tell you, I don't have that confidence right now," Howell said.
And community activist W.C. Johnson sees work to be done.
"With [the DOJ] here, it keeps [police] from running roughshod over the citizens. It keeps them from just killing us at will," Johnson said.
In an annual report published in February 2023, consent decree monitors called last year a “challenging year for the NOPD," noting "slippage" in their ability to sustain reforms implemented.
Then in April, a response to the city’s motion to terminate the consent decree highlighted two major areas of concern: First, noting officers fail to provide adequate justification for nearly one-third of pat-downs or frisks. And then, noting “disparities for people of color in vehicle exits, firearm pointing and response times.”
Ultimately, the city's motion was denied.
Vicious Cycle Can a consent decree work too well?
Mike Magner worked as an assistant U.S. attorney in New Orleans for 20 years. WHAS11's Isaiah Kim-Martinez asked him how cities can successfully approach the process of getting out of a consent decree.
“It is very difficult," Magner said. "The federal government can sort of be the 800-pound gorilla."
Magner has prosecuted a number of police brutality cases post-Hurricane Katrina. He calls NOPD's history of corruption a "long-haul problem" that must be addressed in a 'long-haul way.'
But he admits, at this point, the costs may be starting to outweigh the benefits.
"The city is having a very difficult time hiring new officers and keeping the ones they have," Magner said.
Meanwhile, Perlstein notes the vicious cycle that he's seen the consent decree produce.
"The lack of officers is hindering the Department's ability to be in compliance. But at the same time, the lack of officers is because of some perceived onerous conditions of the consent decree itself," he said. “It can work maybe too well.”
"When are we ever going to do enough?” Woodfork asked, adding that after so long, the consent decree "starts to wear."
Hessler is skeptical, saying he "doesn't know" when NOPD will get to the exit door.
“I think we should have had it closed behind us already. I think we’re going to continue for quite a while though, unfortunately," he said.
City leaders are pleading to finish this chapter in a story that appears to be far from complete.
Tune in Thursday night at 6 p.m. for "Road to Reform: Lessons for Louisville" a 30-minute special report. Hear from New Orleans leaders about what Louisville can do differently to avoid the same costly mistakes.
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