An Orleans Parish judge says that unless officials act swiftly to fix the city's indigent defense office and decide which cases can even be tried, he will begin releasing defendants whose trials have been delayed. The ruling could affect up to 6,000 defendants.

Criminal District Judge Arthur Hunter said Friday that he would begin deciding, case by case, which defendants to release on Aug. 29 -- the anniversary of Hurricane Katrina, which precipitated the court crisis.

"The right to an attorney, right to effective assistance of counsel, right to a fair trial, the rule of law and the Constitution triumphs over funding follies, pseudo-legal maneuvers and unparalleled inertia," Hunter said in a ruling from the bench.

Assistant Attorney General Burton Guidry and an assistant Orleans Parish district attorney both told Hunter they will appeal his ruling.

Hunter had ruled earlier that the law setting up court fees and traffic tickets as the way to pay for indigent defenders' offices around the state is unconstitutional. Friday's ruling came after arguments over whether he had the power to subpoena Gov. Kathleen Blanco to testify about the system.

Although a subpoena was issued, Blanco did not appear because state law requires a subpoena for the chief executive to be filed in state district court in Baton Rouge, said Roderick Hawkins, a spokesman for the governor.

That law applies to civil lawsuits and criminal misdemeanor cases -- not to state criminal court, Hunter told Guidry during the hearing.

"I can tell you two things," Guidry said afterward. "The governor will not be coming to any courtroom, and neither will the Legislature."

Three cases have been heard dealing with the constitutionality of how the indigent defender system is funded. Two judges have found it unconstitutional. Another judge upheld the system. Because all of the cases are in Orleans Parish, the rulings apply only there.

The Orleans Parish indigent defender program had 70 attorneys before Katrina, but officials now say it has fewer than 30. Almost three-quarters of the Orleans Parish public defender program is paid for by traffic fines and fees, which dropped drastically after the storm.

Blanco persuaded the Legislature to double the money allotted to the statewide public defender program, to $20 million, but it still must be shared among 41 districts.

Before Katrina, the public defender office in New Orleans ran on a $2.5 million annual budget. Public defenders are paid $29,000 annually, which the Justice Department called insufficient, although attorneys often work part time for the court system and handle private cases on the side.

Although the storm cut into revenue, the state bar association kicked in about $1 million for indigent defense in New Orleans, while the Justice Department kicked in another $2.8 million.

A Justice Department study recently concluded the public defender's office in New Orleans needs at least $10 million annually to operate.

Ronald Sullivan, a Yale University law professor brought in to help restructure the New Orleans public defenders' office, told Hunter he did not know how much longer the office can continue. "I'm probably days away from tentative answers," he said.

"If you can't get the necessary funding, will a day come when you would close the public defender's office in New Orleans?" Hunter asked.

Sullivan said he felt it would be both unethical and unconstitutional to let lawyers try to practice if their caseloads were so heavy they couldn't do a good job.

Hunter told the Orleans Parish district attorney's office to start deciding which cases can be weeded out. For example, he said, prosecutors need to find out if arresting officers are available to testify or whether they have left the area after resigning, retiring or being fired for dereliction of duty during Hurricane Katrina.

(Copyright 2006 by The Associated Press. All Rights Reserved.)