Kernrechtsfrage
Whether the refusal of legal aid was rendered in violation of the applicant's right to be heard because he was not orally heard on appeal.
Extrahierter Entscheid
The cantonal appellate authority had to ensure that the applicant did not wish to exercise his oral hearing right before deciding; failing to do so violated the right to be heard.
Extrahierte Begründung
Cantonal procedure under Art. 143A(3) LOJ allows the appellant to be heard orally as a rule. A waiver of that right must be unequivocal. Since no particular circumstances justified dispensing with a hearing, the authority had to interpellate the applicant before deciding.