Key legal question
Whether the cantonal refusal of legal aid was arbitrary because the Delémont rent was excluded from the indigence calculation.
Extracted holding
The exclusion of the Delémont rent was not arbitrary, because the extra housing expense was only temporary and legal aid could not be granted retroactively for work already done.
Extracted reasoning
The Federal Supreme Court held that the appellant only failed the means test for a short period; by July 2007 he no longer met the conditions. Since the action had been filed before the legal-aid request, counsel could not be compensated retroactively, and at most a temporary waiver of the advance on costs could have been considered.