Facts
The appellant, a lawyer registered in the lawyers' register of the canton of Solothurn, filed a request for recusal against the president and the secretary of the Bar Association on 3 August 2015. The Bar Association rejected the request for recusal on 23 September 2015. The appellant appealed to the Appeal Chamber of the Higher Court of the canton of Solothurn, which, in substance, did not consider the appeal and referred it to the Administrative Court of the canton of Solothurn for lack of jurisdiction. The appellant filed an appeal in public law matters with the Federal Supreme Court on 22 January 2016, requesting that the decision of the Higher Court and the ruling of the Administrative Court be set aside and the case be referred to the Higher Court of the canton of Bern.
Considerations
The Federal Supreme Court considered the appeal and examined the question of whether the Higher Court had rightly denied its jurisdiction to review the interim decision of the Bar Association. The court came to the conclusion that the Appeal Chamber of the Higher Court is not competent to decide on appeals against decisions on recusal in administrative proceedings. The jurisdiction lies with the authority that has to review the decision in the main proceedings, in this case the Administrative Court.
The Federal Supreme Court also rejected the complaint that the decision of the Higher Court had not been signed by all members of the Appeal Chamber. It is sufficient if the decision is…