Facts
The appellant X. filed a complaint with the Federal Supreme Court against a decision of the Cantonal Court of Appenzell Ausserrhoden. The Cantonal Court had rejected his request for legal aid. The Federal Supreme Court had to assess whether the requirement of non-futility under Art. 117 lit. b CPC is met, so that X. is entitled to legal aid. In principle, the requirement of non-futility is to be examined independently of the party's role. Even the defendant can be expected to acknowledge obviously justified claims and not litigate pointlessly. However, the situation presents itself differently in appeal proceedings: Here, the legal position of the appellant can hardly be described as futile if it has been protected by the court in the first instance. As a rule, the non-futility of the appellant's claims must therefore be affirmed.Considerations
However, it is justified to deviate from this principle if the contested decision suffers from an obvious defect, in particular a flagrant procedural error, which alone must lead to the annulment of the decision. In such a case, the appellant can be expected to submit to the opponent's appeal and…