White v. White, 296 Neb. 772

Elizabeth White filed for dissolution; the district court appointed James McGough as attorney for the minor children and later ordered the spouses to pay McGough fees; McGough sought enforcement after White did not pay.
White’s debts (including to McGough) were discharged in bankruptcy; McGough then moved the district court to find White indigent and order Douglas County to pay the appointed-attorney fees under Neb. Rev. Stat. § 42-358(1).
The district court found White indigent and ordered Douglas County to pay McGough’s fees; Douglas County intervened and appealed to the Nebraska Supreme Court.
The Nebraska Supreme Court reversed, holding the district court abused its discretion in finding White indigent and vacated the order requiring the county to pay.
After mandate, McGough sought $1,719.87 from Douglas County for fees incurred defending that appeal; the district court ordered Douglas County to pay, relying on Neb. Ct. R. App. P. § 2-109(F).
Douglas County appealed the order requiring it to reimburse McGough for appellate fees; the Nebraska Supreme Court reversed, holding no statutory authority allowed county payment where no responsible party is indigent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court could order Douglas County to reimburse appointed attorney McGough for time/expenses in defending Douglas County’s appeal	McGough argued his appellate work was part of his appointment duties and § 2-109(F) and § 42-358(1) permitted recovery	Douglas County argued no statute authorized county payment for appointed-attorney fees in a civil dissolution when no responsible party is indigent; county lacks power absent legislative grant	Reversed: no statutory authority; § 42-358(1) permits county payment only when a responsible party is indigent, and none was here
Whether appellate rule § 2-109(F) authorized a post-mandate county reimbursement in a civil appointment context	McGough relied on the rule’s allowance for court-appointed criminal attorneys to apply for appellate fees	Douglas County argued § 2-109(F) applies to criminal appointments and does not create authority for county payment in civil dissolution matters	Held: § 2-109(F) inapplicable to grant county expenditure power for civil appointed counsel; rule did not supply statutory authority

White v. White, 293 Neb. 439 (2016) (reversed district court finding of indigence and county payment order)
Mathews v. Mathews, 267 Neb. 604 (Neb. 2004) (statutory interpretation is question of law)
Guenzel-Handlos v. County of Lancaster, 265 Neb. 125 (Neb. 2003) (court should not create rules authorizing county expenditures; Legislature should)
Kovarik v. County of Banner, 192 Neb. 816 (Neb. 1972) (judiciary’s narrow inherent authority to order county to pay fees in fundamental criminal indigency contexts)
Wetovick v. County of Nance, 279 Neb. 773 (Neb. 2010) (attorney fees recoverable only when statute or uniform procedure permits)
Brackhan v. Brackhan, 3 Neb. App. 143 (Neb. Ct. App. 1994) (county has standing to appeal orders requiring it to pay appointed-attorney fees)