Key legal question
Whether the lawyer had standing to challenge the refusal to appoint him as official defence counsel for the custody appeal proceedings.
Extracted holding
He had no legally protected interest because the entitlement to legal aid belongs to the party in need, not to the lawyer, and he was not appointed for the specific appeal proceeding.
Extracted reasoning
Under Art. 81(1)(b) BGG only a party with a legally protected interest may appeal. The lawyer may appeal the amount of compensation only if legal aid was granted for that proceeding; here the cantonal court had competence to decide on legal aid in the custody-appeal case, and the prior appointment in the investigation did not extend automatically to that proceeding.