Facts
In the canton of Aargau, the hourly rate for the compensation of the court-appointed defence counsel was reduced from 185-250 Swiss francs to a flat rate of 150 Swiss francs per hour. Lawyers A. and B. have filed a constitutional appeal with the Federal Court and requested the annulment of this decree amendment.
The Federal Court has upheld the appeals to the extent that it has entered into them. It has determined that the reduced hourly rate of 150 Swiss francs applies to court-appointed defence, while the free legal representation continues to be compensated at the ordinary tariff.
Considerations
The Federal Court examined whether the decree amendment is compatible with the prohibition of arbitrariness and economic freedom. It concluded that a reduction of the fees for court-appointed mandates compared to private mandates is permissible, as long as the lawyer's costs are covered.
The Federal Court stated that the reduced hourly rate of 150 Swiss francs is generally able to cover the costs of lawyers in the canton of Aargau. It referred to studies by the Swiss Bar Association, according to which the costs for lawyers who frequently take on court-appointed mandates average 114-146 Swiss francs per hour.
However, the Federal Court concluded that the previous case law, according to which lawyers for court-appointed mandates are only entitled to the coverage of their costs, can no longer be upheld. In view of the changed economic conditions for the legal profession and the significantly increased number of court-appointed mandates, it seems…