Questione giuridica chiave
Whether the appellant was financially needy when requesting free legal assistance for the objection proceedings.
Decisione estratta
Yes. The available record did not justify assuming sufficient means; the decisive income had been assessed on an outdated basis and actual available income was below recognized expenses.
Motivazione estratta
Neediness must be assessed from actual, currently available income and assets. The authority relied on 2008 wages although the appellant was unemployed and receiving unemployment benefits in September 2009. The cantonal court's view was based on an obviously incorrect assessment of the facts.