Kernrechtsfrage
Whether the reduction of the court-appointed counsel's fee under § 12a(2) AnwT was arbitrary under Art. 9 BV.
Extrahierter Entscheid
Yes. Under the clear wording of § 12a(2) AnwT, a reduction is possible only in cases of high value in dispute; extending the reduction to lower thresholds and applying the maximum cut was untenable and therefore arbitrary.
Extrahierte Begründung
The court held that the provision must be interpreted primarily by its wording, purpose, and materials. The tariff revision did not justify departing from the clear text. A reduction already from CHF 22,000 and a maximum 50% cut at CHF 100,000 lacked a defensible basis.