CH-SH
Ordinance of the High Court on the Fee for Pro Bono Legal Representation and Public Defense (Fee Ordinance, HonV) (Honorarverordnung, HonV) - Subject Matter (HonV)
Table of Provisions (6)
Statutory Text (6 Articles)
1. This regulation governs the remuneration of attorneys for pro bono representation and official defense.
2. Special statutory provisions, particularly the provisions of federal law concerning the liquidation of legal costs or compensation for pro bono representation and official defense, are reserved.
1. For the justified expenses necessary for conducting a case in pro bono representation and official defense, the attorney is compensated from the state treasury with a fee of CHF 200.00 per hour, in addition to necessary cash expenditures and value-added tax. Cash expenditures can be compensated with expense allowances of up to 3%.
2. Insofar as the effort must necessarily be made at untimely hours, the fee rate is CHF 260.00 per hour.
3. In special cases, the competent authority may grant a surcharge of up to CHF 20.00 per hour on the rates according to paragraphs 1 and 2.
4. For necessary travel times of at least one hour per day, which cannot be used for case processing, CHF 100.00 per hour can be compensated.
1. The attorney must submit a detailed statement of their activities and out-of-pocket expenses for the determination of fees. If the statement is not submitted in a timely manner before the decision is rendered or within the set deadline, the fee may be determined at discretion.
2. In justified cases, advance payments may be made.
**1. If the opposing party is liable for compensation, they must pay the compensation to the state treasury to the extent that a fee has already been paid to the attorney of the entitled party for free representation or official defense.**
1. The new approaches pursuant to § 2 paragraphs 1 and 2 (amendment of July 2, 2024) shall apply to services rendered from September 1, 2024, onwards.
1. This regulation shall enter into force on January 1, 2011.
2. It shall be published in the Official Gazette and included in the cantonal collection of laws.