Kernrechtsfrage
Whether the applicants met the requirements for legal aid under Art. 29(3) BV
Extrahierter Entscheid
The refusal of legal aid was incompatible with Art. 29(3) BV because the children's lack of need and the alleged hopelessness were assessed on an incorrect basis.
Extrahierte Begründung
The court held that actual financial circumstances, not hypothetical ones, are decisive. The children's property transfer and the father's supposed support could not be used to deny need in the absence of actual available means. It also found the cantonal court wrongly treated the defense as hopeless.