Question juridique clé
Whether refusing to hear the legal-aid applicant orally, without explanation, violated his right to be heard and was arbitrary under cantonal procedure.
Solution extraite
Yes. Under Art. 143A(3) OJ/GE, oral hearing is the rule and may be refused only for particular reasons; none were given here, so the refusal was arbitrary and the decision had to be annulled.
Motifs extraits
The canton’s rule expressly allows written appeal and states that the appellant is heard 'as a rule,' which implies an oral opportunity in addition to written submissions. No waiver appeared in the file. Given the high stake and the need to understand the applicant’s arguments, the unexplained refusal could not stand.