Maryland Attorney’s Role in $30 Million Lawsuit Raises Concerns

The Maryland attorney who dismissed Aaron Babbitt as a client on January 6, three years ago, may jeopardize a final settlement in a $30 million wrongful death lawsuit between the Judicial Monitoring Office and the U.S. Department of Justice, as stated in a federal court in Columbia on May 19.

Terrell N. Roberts III has been out of the case since February 2022. He declined an offer to receive 25% of the financial settlement in a trust account, and the fees owed to Roberts will be decided through arbitration by the District of Columbia’s Attorneys and Client Arbitration Committee.

“The plaintiffs are worried about Roberts’ involvement, which complicates the settlement process,” mentioned Robert Stitch, a judicial surveillance attorney representing the estates of Aaron Babbitt and his deceased wife, Ashli Babbitt.

Roberts is looking to U.S. District Judge Ana C. Reyes to resolve the attorney fee situation, believing that arbitration could drag on for six months. He also wants the judge to reconsider the dismissal of a claim lien related to the settlement.

The Washington Post, citing unnamed sources, reported on May 19 that the settlement agreement was below $5 million. The parties involved have chosen not to comment on the article. The Post incorrectly indicated that Judicial Surveillance and D.C. attorney Richard Drisco had taken a third of the settlement.

“Contrary to the initial report by the Washington Post, Judicial Watch has not received a third of the settlement,” Judicial Watch President Tom Fitton stated, emphasizing their pro bono representation of Ashli Babbitt’s family.

Stitch faced a reprimand from Judge Reyes during a May 12 hearing when he attempted to announce that judicial surveillance would not collect fees from Babbitt’s case.

“It’s absurd and costly,” Stitch remarked about the delays from the fee dispute. “The court recognizes that judicial surveillance won’t receive any fees from this settlement, considering all the records and media coverage.”

Roberts has maintained his position since Babbitt’s wife was shot by U.S. Congressman Michael Byrd Junior. He stepped back from the lawsuit in late February 2022 but still seeks up to 40% of the negotiated financial settlements from judicial oversight, leaving Babbitt in search of new legal representation.

Judicial Watch has agreed to abide by the Arbitration Committee’s verdict. Driscoll, who represents Aaron Babbitt concerning the fee dispute with Roberts, filed for arbitration on May 9 at the D.C. Bar.

Under the Federal Tort Claims Act, the maximum combined fee for all plaintiff attorneys is capped at 25%.

Stitch believes that Roberts’ chances of recovering such fees are minimal due to his limited involvement.

Roberts had sought a claim lien from the court for the total settlement amount, which Judge Reyes dismissed, but allowed him to intervene to keep tabs on the settlement’s progress.

If pushed into arbitration, Roberts plans to ask Judge Reyes to delay the case until the attorney fees are settled.

Tensions in the courtroom have flared since the case’s first hearing on August 6, 2024, with Judge Reyes often losing her temper at Stitch.

DOJ trial lawyer Brian Boyd has stated in his documentation that the government supports the proposed 25% set-aside, deeming it sufficient to safeguard Roberts’ interests.

Boyd noted that this would also execute the judicial oversight agreement in compliance with the Arbitration Committee’s ruling.

The trial for the $30 million lawsuit is scheduled for July 2026. The government’s stance has shifted significantly following President Donald J. Trump’s involvement, leading them toward a settlement.

Following Babbitt’s death, President Trump had reiterated his support for the Babbitt family and condemned Byrd’s actions.