Questione giuridica chiave
Whether the subsidiary constitutional complaint was admissible against the cantonal order setting the appointed lawyer’s compensation.
Decisione estratta
The complaint was admissible as a subsidiary constitutional complaint because the matter was a final cantonal decision in a pecuniary public-law case below the statutory value threshold, and the lawyer had a protected own interest.
Motivazione estratta
The fee decision is public-law in nature and, in a civil case, is a public-law decision directly connected with civil law; however, given the amount in dispute and the absence of a fundamental legal question, the matter was to be treated as a subsidiary constitutional complaint. The appointed lawyer could challenge the fee determination in his own name.