Facts
The facts concern a complaint by lawyer X. against the determination of the compensation for her activities as court-appointed defense counsel in the criminal proceedings against A. The District Court of St. Gallen had awarded her a total compensation of CHF 12,094.10, while she herself had claimed compensation of CHF 18,948.55.
The Federal Supreme Court dismissed the complaint of lawyer X.
Considerations
The Federal Supreme Court states that the court-appointed lawyer fulfills a state task and therefore has a public law claim to compensation within the framework of the applicable cantonal provisions. However, this claim does not include everything that is important for the representation of the client's interests, but only those efforts that are causally related to the safeguarding of rights in the criminal proceedings and are necessary and proportionate.
The cantons have wide discretion in determining the fee of the court-appointed lawyer. The Federal Supreme Court only intervenes if the determination of the fee is completely disproportionate to the services rendered by the lawyer and grossly violates the sense of justice.
The determination of the fee within the framework of a lump sum does not in itself violate the right to effective defense. The Federal Supreme Court considers it permissible to set the fee for…