Judge May Defend Pro Hac Vice and Pro Bono
am 09.03.2006 von http://www.recht.us/amlaw
CJ - Washington. On March 9, 2006, the Constitutional Supreme Court in Karlsruhe announced its decision on a constitutional complaint of a retired appellate judge concerning his refused admission as criminal defense counsel, in the matter 2 BvR 951/04 and 2 BvR 1087/04 of February 16, 2006.
The constitutional complaint concerns his admission under §138 (2) of the Criminal Procedure Code, Strafprozeßordnung, when the judge planned to render altruistically and free of charge legal advice which idea ran into trouble under the Legal Advice Act, Rechtsberatungsgesetz.
The court held that the failure of the court to admit the judge pro haec vice on March 31, 2005 violated the petitioners constitutional rights embodied in Art. 2(1) of the constitution, Grundgesetz.
According the court, Art. 1(1) of the Legal Advice Act does not adequately address constitutional issues in a changed landscape providing for relaxed standards on who may provide legal advice. The intended altruistic legal advice …
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