• Judge ruled seven men should be freed because they can't get an attorney
• New Orleans authorities cannot afford to pay for their legal representation
• They have been denied Sixth Amendment rights, judge Arthur Hunter said
• Inmates include 5 alleged robbers, suspected rapist and alleged murderer
• Release has been delayed for 10 days pending the district attorney's appeal

Seven inmates including an alleged rapist and accused murderer are set to be released in New Orleans because the state of Louisiana cannot afford to represent them.

Judge Arthur Hunter ruled that seven suspects should be freed because they cannot afford attorneys and are being denied the right to one by state authorities.

Among the accused are suspected killer Darrian Franklin, 40, and alleged rapist Henry Campbell, 21.

Seven inmates including an alleged rapist and accused murderer are set to be released in New Orleans because the state of Louisiana cannot afford to represent them. Pictured, alleged rapist Henry Campbell (left) and suspected killer Darrian Franklin (right)

Some of them have spent months in jail without any legal representation, which the judge ruled was unconstitutional. Pictured, alleged robbers Alex Bernard and Malcolm Smith (left and right)

The five other men - Alex Bernard, Malcolm Smith, Donald Gamble, Joshua Vaughn and Benny Walker - are all alleged robbers, with four of them accused of using a firearm.

Some of them have spent months in jail without any legal representation, which the judge ruled was unconstitutional.

Hunter ordered the release of all seven of the inmates, but the men will remain in jail for at least the next 10 days.

The judge stayed his decision so District Attorney Leon Cannizzaro can consider filing an appeal, which his office says he has the full intention of doing.

Hunter ruled that each of the seven men's Sixth Amendment rights had been violated, The Advocate reported.

'The defendants' constitutional rights are not contingent on budget demands, waiting lists and the failure of the Legislature to adequately fund indigent defense,' he wrote.

The judge stayed his decision so the district attorney can consider filing an appeal, which his office says he has the full intention of doing. Pictured left to right, Benny Walker, Joshua Vaughn, Donald Gamble

Judge Arthur Hunter ruled that seven suspects should be freed because they cannot afford attorneys and are being denied the right to one by state authorities

'We are now faced with a fundamental question, not only in New Orleans but across Louisiana: What kind of criminal justice system do we want? One based on fairness or injustice, equality or prejudice, efficiency or chaos, right or wrong?'

The district attorney's office said releasing the men 'poses a clear and present danger to public safety' and that the ruling would be appealed.

The accused's cases were rejected by Chief Public Defender Derwyn Bunton because of a gaping hole in his office's budget.

Hunter then gave the cases to private attorneys, who have refused to work until they are paid.

Bunton said: 'Obviously, the charges involved in these cases are really serious, so I do think folks should be concerned about public safety.

'We wouldn't need to be in this position if they provided the resources that are necessary under the constitution. You can only prosecute as fast as you can defend, and if you can't defend, you can't prosecute.'