Facts

Parties:

  • Appellant: [A.] , attorney and notary
  • Respondent: Bar Association of the Canton of Solothurn

Facts:

  • On October 12, 2017, [A.] was convicted by the Federal Criminal Court of aiding and abetting the unauthorized acceptance of public deposits under Art. 46 para. 1 lit. a BankA.
  • The Bar Association of the Canton of Solothurn decided on March 8, 2018, to delete [A.] from the bar register.
  • [A.] filed an appeal with the Administrative Court of the Canton of Solothurn, which was dismissed on December 5, 2018.
  • [A.] subsequently filed an appeal in public law matters with the Federal Supreme Court.

Main issue: The compatibility of the criminal conviction with the legal profession and the resulting deletion from the bar register.

Considerations

The appeal is admissible as it was filed in time and in the correct form and concerns a matter of public law. The Federal Supreme Court examines the appeal ex officio and takes into account the submissions made.

The appellant complains of a violation of the right to be heard, as the previous instance did not sufficiently consider his arguments. The Federal Supreme Court notes, however, that the previous instance has appreciated the appellant's arguments and carried out a renewed legal assessment. There is no violation of the right to be heard.

The appellant further complains that the previous instance decided without an oral hearing, which constitutes a violation of Art. 6 para. 1 ECHR. The Federal Supreme Court notes, however, that an oral hearing is not mandatory if the assessment of the facts depends primarily on the files. The previous instance has therefore not…