On Tuesday, Sept. 1, Holt County attorney Brent Kelly presented the County’s oral argument to the Nebraska Supreme Court.
The video of the proceedings is available at the following link:
The County Attorney’s argument begins at 14 minutes into the video.
This case stems from a contested Guardianship and Conservatorship case filed in the County Court of Holt County. The case was essentially a custody case involving a minor child and two private individuals competing to be awarded the care and control of the minor child.
During the case, a Guardian Ad Litem was appointed to look after the best interests of the minor and make a recommendation to the Court. This process cost a little over $10,000.
The issue is whether that $10,000 bill should be paid by Holt County, or by the private party who requested that the Guardian Ad Litem be appointed. Mr. Kelly argued that the Trial Judge applied the correct rationale and the correct statute in ordering the fees to be paid by one of the private parties. The Petitioner, one of the private parties, argued through his attorney, that the fees should be paid by Holt County.
There are around 2,000 Guardianship and Conservatorship cases filed annually, statewide. There were 48 such cases in the 8th Judicial District, alone, in fiscal year 2020. This ruling will likely affect how Guardian Ad Litem fees are paid in each of those cases throughout the state.