Item P5
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date May 19, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval of authorization for County Attorney's office to settle Article V lien with Daniel
Stambaugh for $1,750.00.
ITEM BACKGROUND
The County has an unexpected opportunity to recover a portion of the $5,913.16 it
expended on the defense of Daniel Stambaugh. The County's obligation arose from its
obligation to pay for defense counsel for an indigent criminal defendant when a conflict of
interest exists with the public defender's office and that person. Mr. Stambaugh recently
negotiated a modest settlement of a federal civil rights action against the City of Key West.
In an effort to satisfy the judgment the County holds against Mr. Stambaugh, his attorney
has offered to withhold $1750.00 from the settlement funds and to remit that amount to
the County.
As a general proposition, the amounts secured by these liens are difficult to collect due to
the limited resources and assets of those requiring the services of court appointed counsel.
Mr. Stambaugh is currently incarcerated in state prison and is facing extradition to Texas
upon completion of his sentence. He has little ability to repay the lien through other
sources. This offer represents the County's best opportunity recover some of its money
without having to devote any resources towards collection proceedings which would reduce
the net gain to the County.
PREVIOUS RELEVANT BOCC ACTION
None.
CONTRACT I AGREEMENT CHANGES
nfa
STAFF RECOMMENDATIONS
Approval.
TOTAL COST$O.OO
COST TO COUNTY $0.00
BUDGETED Yes No
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMBfPurchasing! Risk Management!
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DIVISION DIRECTOR APPROVAL.
DOCUMENTATION:
Included xxx Follow!
Not Required !
AGENDA ITEM #
rr5
309 Whitehead Street
Key West, Florida 33040
Warren D. Tochterman
Attorney at Law
Tel: 305-292-7272
Fax 305-292-7271
RECEIVED
APR 3 0 200%
April 28, 2004
MONROE COUNTY ATTORNEY
Robert Shillinger, Jr., Esq.
Asst. County Attorney
P.O. Box 1026
Key West, Florida 33041-1026
Re: Stambaugh v. Key West et al.
Dear Bob,
I write to memorialize our conversation of yes rday. I agreed that the attorneys in the
above-referenced case would withhold $1,750.00 from e settlement funds Mr. Stambaugh
received from the City of Key West for assault and tortur by Key West Police, in oider to
resolve the lien against Mr. Stambaugh in favor of Monroe ounty. You agreed to recommend
such a settlement to the commissioners in light of the circum ances of Mr. Stambaugh's case
and attendant circumstances.
to actually pay the money
I will recommend and confirm Mr. Stambaugh'
May 6, 2004, during a scheduled teleconference. Th
cc: Dave Audlin, Esq.
Sam Kaufman, Esq.
Joe Albury Esq.
Jedde Regante, Esq.
Daniel Stambaugh
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
LOWER KEYS CRIMINAL DIVISION
STATE OF FLORIDA
Vs.
Case No.: CFK 00-881-A
CFK 00-882-B
M
DANIEL HOLTE STAMBAUGH
Defendant
I
Final Judgment Assessing Attorney's Fees
The above-named Defendant, having been declared indigent, and said
Defendant having received at his request, the assistance of a private attorney
appointed to represent him, and said Defendant having been determined to be
guilty of a criminal act, it is, pursuant to F.S. 27.28:
ORDERED and ADJUDGED AS FOLLOWS:
1. The sum of $5931.16 is hereby determined to be a reasonable
attorney's fee for the services rendered to said Defendant up to the
date of this jUdgment against the Defendant, for which sums a
jUdgment against said Defendant, whose address is DC # k04412,
Zepherhills C.I., 2739 Gall Blvd., Zepherhills, FL 33541-9701, is
hereby rendered in favor of the Board of County Commissioners of
Monroe County, Florida, for which let execution issue.
2. The Clerk of Court shall furnish a copy of this jUdgment to said
Defendant by delivery or mail addressed to the Defendant's last
known address.
3.
Cc
County Attorney
Daniel Holte Stambaugh
DC # K04412
Zepherhills C.1.
2739 Gall Blvd.
Zepherhills, FL 33541-9701
The Clerk of Court shall record a copy of this jUdgment in the
official records of Monroe County.
DONE and ORDERED at Key West, Florida on December 11~2001.
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DEe 13 2001