Two major players in the New Orleans criminal justice system will make their budget pitches to the City Council on Friday, but only one is expected to get funding.

The District Attorney’s Office has historically received millions from the city's general fund, but those with the Orleans Public Defenders say they've never received a dime. 

Incoming Chief Public Defender Derwyn Bunton says an upcoming financial shortfall is only expected to make matters worse.

"Everything is on the table for us, from cuts in services to cuts in staff and salaries," said Bunton.

The office is funded through the state, court fees and fines, and through a $1.7 million grant from the federal government.  The grant, however, is slated to expire at the end of the year. 

Interim Chief Public Defender Chris Flood says the financial hole only adds to the widening gap in resources between his department and the District Attorney’s Office.

"Right now there is one public defender to every three district attorneys," said Flood.

Flood describes the disparity as a sort of three-legged race for justice where his 32 public defenders, all assigned to help the city's poor and accused, are figuratively tied at the ankles to the 92 district attorneys paid to argue against them.

We can move the cases through the court system as fast as they can be defended, not as fast as they can be prosecuted," said Flood.

Flood and Bunton say unless their office can close the funding gap, they will have to begin making cuts as early as January 1, 2009.

"If we have to cut back on services that could mean cases without lawyers and cases without layers don't move forward," said Flood.

It's an argument the Orleans Public Defenders have made before.  Last month they pleaded their case to the City Council, where their request for a $5 million chunk of the 2009 budget seemed to met with optimism.

"This to me is a pretty good return on investment," said Arnie Fielkow during the October 16 meeting.

Yet, Budget Chair Cynthia Hedge-Morrell now says granting any part of their request may be more wishful thinking than realistic.

"I don't think out of general fund we can do that," said Hedge-Morrell.

Hedge-Morrell fears giving money to the Public Defender’s Office could lead to the state pulling out its share.

"I would not want to send any message that the city of New Orleans could take over for state of Louisiana."

Flood argues that would never happen.

"The likelihood that the state is going to then abdicate its duty under state law to fund us is highly unlikely."

And while Hedge-Morrell says no other parish gives its public defender’s office any funding, Flood says other parishes aren't dealing with the same kind of backlog in the court system.

In hopes of providing some financial relief, Hedge-Morrell recommends the city turn to its own revenue producing red light and speeding cameras.

"What we've got to do is sit down with judges and the city administration and work out how we're going to make sure that that funding gets back to the public defenders."

Since the camera fining process began in New Orleans on April 1, 2008, the city's 18 cameras have helped bring in $1,981,145 in fines to the city's general fund -- as of October 31, 2008.  Hedge-Morrell says the hope is to give the Public Defenders about a $400,000 dollar portion of those fines with the expectation the state would then up its share.

"I mean it's not going to be his wish list, but if you put that with him having increases from the state then it'll get him where it needs to be," said Hedge-Morrell.

But the public defenders say they're not so sure, as they continue their work, still, without any guarantees from Baton Rouge.