White v. White, 296 Neb. 772

Elizabeth White filed for dissolution in 2012; the district court appointed James McGough as attorney for the minor children and later ordered both spouses to pay his fees; McGough was not paid by White.
White filed bankruptcy; her debts (including to McGough) were discharged. McGough then sought a finding that White was indigent so Douglas County would pay his 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 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 the Supreme Court mandate, McGough sought reimbursement from Douglas County for fees incurred defending that appeal; the district court ordered the county to pay $1,719.87, relying on a court-rule provision for court-appointed criminal appellate counsel.
Douglas County appealed the district court’s postmandate order, arguing no statutory or inherent authority permitted the county to be charged for appellate fees in a civil dissolution matter where no responsible party is indigent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court could order Douglas County to reimburse McGough for fees defending Douglas County’s appeal	McGough (and district court) argued appellate fees were recoverable because he remained appointed for the children and court rule language on appointed appellate counsel authorized a fee application	Douglas County argued no statute permits county payment for appointed counsel in a civil dissolution when responsible parties are not indigent; court rule cited applies to criminal appointed appellate counsel and fees are not allowable from county funds here	The Supreme Court reversed: no statutory or inherent authority allowed the county to be ordered to pay; § 42‑358(1) permits county payment only when a responsible party is indigent; rule cited was inapplicable

Mathews v. Mathews, 267 Neb. 604 (statutory interpretation is reviewed de novo)
Wetovick v. County of Nance, 279 Neb. 773 (attorney fees recoverable only if statute or established procedure permits)
State v. Joubert, 246 Neb. 287 (courts may award fees for vexatious or bad-faith litigation conduct)
State Farm Mut. Auto Ins. Co. v. Royal Ins. Co., 222 Neb. 13 (inherent power to award fees in exceptional circumstances)
Garza v. Garza, 288 Neb. 213 (uniform procedure for awarding attorney fees in dissolution cases)
Guenzel-Handlos v. County of Lancaster, 265 Neb. 125 (limits on counties’ power to spend public funds; such determinations belong to Legislature)
Kovarik v. County of Banner, 192 Neb. 816 (judicial authority to order county to reimburse fees in fundamental criminal indigency contexts)
Brackhan v. Brackhan, 3 Neb. App. 143 (county has standing to appeal orders requiring it to pay appointed counsel under § 42-358)