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RESUME
FRED
M. MORELLI, JR.
403 W. Galena Blvd., Aurora, IL 60506 (630) 892-6665
EDUCATION
I attended Mount Carmel High School in Chicago from 1955 through 1959. I was
on the wrestling team at Mount Carmel High School all four years and was captain
of the team for the 1958-1959 scholastic year.
UNDERGRADUATE
I did my undergraduate work at the University of Notre Dame from 1959
through 1963. Though freshmen were not eligible to compete, I was on the
wrestling team for all four years. I earned monograms for my sophomore, junior
and senior years. I was captain of the wrestling team my senior year.
In addition to being on the wrestling team, I worked in the dining hall and
delivered mail to St. Edwards Hall and was the prefect of the fourth floor my
senior year. I have maintained contact with Tom Fallon who was the wrestling
coach while I was there and with the University and have been a member of the
Sorin Society for the last fifteen (15) years and the Monogram Club since 1960.
LAW SCHOOL
I attended law school at the University of Notre Dame from 1963 through 1966
earning a Bachelor of Laws, which was later changed to a Doctorate of Laws in
1969 with no additional class work required.
During that period of time I was an assistant wrestling coach. I accompanied our
heavy weight wrestler, Dick Arrington, who also played football, to the NCAA
Wrestling Tournament held in Ames, IA. Dick got third place, losing to Jim
Nance, whom I believe to be the only person to ever beat him in high school or
college. I also was a Resident Assistant in St. Edwards Hall.
JUDICIAL EXPERIENCE
I was Associate Judge for the 16th Judicial Circuit in 1976 and held that
position until 1981, when I resigned upon realizing that I would not be able to
put my children through college on the current salary.
While an Associate Judge I worked in traffic court and family court, doing
whatever came under the heading of family law, which included divorce and
adoptions. I worked in civil court doing small claims, LM cases and evictions.
When I was in small claims court the delay between setting and trial went from a
year to a week and though these were only small claims, the legal issues were
interesting and varied. I worked in the criminal court, where I was responsible
for everything except felony trials. I was also assigned to mental health court.
During this time, I received a 98% approval rating. I left the bench because I
felt I could do more good for the community as a practicing attorney. The
community has treated me very well and I feel it is now time to pay back the
community by giving service to the people.
JUDICIAL EDUCATION
While a Judge, I was privileged to attend the National Judicial College
located in Reno, NV attending the General Jurisdiction course in 1980. I also
attended numerous judicial education courses in Illinois.
MILITARY SERVICE
Member of the Illinois Army National Guard from 1966 – 1974
Honorably discharged as a First Lieutenant
Military occupational specialty: Infantry
LEGAL EMPLOYMENT
Sole Proprietor 2006- present
Law Offices of Fred M. Morelli, Jr. Aurora. Illinois
The firm consists of myself, Attorney Nischal Raval and support staff.
Senior Partner 1986-2006
Law Offices of Morelli & Cook Aurora, Illinois
The firm consisted of myself, Attorney Vincent Cook, and support staff.
Senior Partner 1981-1986
Law Offices of Morelli & Simpson Aurora, Illinois
The firm consisted of myself, now Associate Circuit Judge M. Karen
Simpson, and support staff.
Associate Circuit Judge 1976-1981
Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois Geneva,
Illinois (see above)
Public Defender 1967-1976
Kane County Public Defenders Office Geneva, Illinois
Head Public Defender from 1973-1976. This was a part-time job until
approximately 1975, at which time it was called full-time, though I was
still permitted to have a civil private law practice. (At that time, no office
was provided. The Public Defenders had to provide their own office space
and secretary. We were given a $200.00 a month secretary allowance.)
Assistant Public Defender from 1967-1973, in Kane County, which was
a part-time job that permitted me to have a private law practice.
Assistant States Attorney 1966
Cook County States Attorneys Office Chicago, Illinois
LEGAL EXPERIENCE
I was an Associate Circuit Judge from 1976 to 1981 for the 16th Judicial
Circuit. Associate Judges are appointed by the elected Circuit Judges. I was
appointed in 1976. I resigned in 1981. During my tenure as Associate Judge I
presided in traffic/misdemeanor court in Elgin, Aurora and Geneva, I presided in
family court and small claims/LM (law minor) court in Geneva. I also presided in
traffic court in Chicago during the summer by assignment. During my tenure in
small claims/LM court I reduced the backlog on requests for trial from 9 months
to the next day, if desired. Also during that period of time, I was given a 98%
approval rating by the bar poll submitted to all members of the Kane County Bar
Association.
Admitted to practice in the following courts:
Illinois State Bar
Member of the Trial Bar of the Federal District Court for the Northern District
of
Illinois which requires extensive trial experience
United States District Court for the Central District of Illinois
United States District Court for the Eastern District of Wisconsin (pro hac
vice)
United States District Court for the Western District of New (pro hac vice)
United States District Court for the Eastern District of New York (pro hac vice)
United States District Court for the Northern District of Indiana (pro hac vice)
United States District Court for the Eastern District of Pennsylvania (pro hac
vice)
United States District Court for the District of Utah (pro hac vice)
United States District Court for the District of Arizona (pro hac vice)
United States District Court for the Central District of California
United States District Court for the Central District of Texas
United States Seventh Circuit Court of Appeals (Chicago, IL)
United States Ninth Circuit Court of Appeals (San Francisco, CA)
United States Tenth Circuit Courts of Appeals (Denver, CO)
United States Tax Court
Supreme Court of the United States of America
Illinois Court of Claims
Illinois Industrial Commission
Name of cases, appellate citations and case numbers available upon request.
Have taught at various legal seminars relative to issues of criminal law and at
parachute industry seminars relative to the legal issues involved in operating a
hazardous recreation facility.
CRIMINAL
I have not kept count, but I estimate that I have in excess of 200 felony jury
trials in Kane, Kendall, DuPage, DeKalb, McHenry, Will and Ogle Counties.
I estimate I have in excess of 1,000 criminal bench trials in various state
courts throughout Illinois.
Criminal jury trials in the Federal District Court for the Northern and Central
District of Illinois.
Criminal bench trials in the Federal District Court of the District of Arizona
and the Federal District Court for the District of Utah.
Represented individuals charged with criminal offenses in the:
Federal District Court for the Northern District of Illinois, Eastern and
Western Divisions
Federal District Court of the Central District of Illinois
Federal District Court of the Northern District of Indiana
Federal District Court of the Eastern District of Pennsylvania
Federal District Court of the Eastern District of New York
Federal District Court of the Western District of New York
Federal District Court of the Eastern District of Wisconsin
Federal District Court for the Central District of California
Federal District Court for the Central District of Texas
Federal District Court of Utah
Federal District Court of Arizona
I have argued Appeals in the Illinois Supreme Court, the Appellate Court for the
Second District of Illinois and the Third District of Illinois, Federal
Appellate Court for the Seventh Circuit located in Chicago, Illinois, Ninth
Circuit located in San Francisco, California and the Tenth Circuit Court of
Appeals located in Denver, Colorado.
Represented individuals charged with criminal offenses at the trial level in
most counties across the northern tier of Illinois.
I have filed and briefed Petitions for Certiorari in the Supreme Court of the
United States, only one of which was actually decided, though I was not given
oral argument as a case was accepted from the Sixth Circuit Court of Appeals
which addressed the same issues.
CIVIL
In addition to my experience as an Associate Judge in court, I have represented
numerous individuals in workers compensation cases, school board cases, zoning
cases, police board cases, tax court, mental health court, a civil jury trial in
the Federal District Court for the Northern District of Illinois in a prisoner’s
rights case by appointment, three civil jury trials in Kane County. Two as
Plaintiff’s attorney in personal injury cases arising out of automobile
accidents, the other as defense attorney in a wrongful death case arising out of
an electrocution. The defense case was Pro Bono and lasted in excess of a week.
I have handled numerous civil cases in various Illinois State Courts many of
which have gone to bench trial.
I have been a lawyer for over forty (40) years and have had the privilege of
appearing in many different types of courts in many different locations before
many Judges with many different styles of running their courtroom. Based on this
extensive experience I am able to form an opinion or opinions as to what works
best under many different circumstances.
I have negotiated settlements with Direct TV involving pirated decoder boxes,
these cases were pending in the Federal District Court for the Northern District
of Illinois both Eastern and Western Divisions.
HIGHLIGHTS
I feel the highlights of my career were representing a reluctant potential
government witness against an individual charged with the murder of Federal
Judge John Wood in San Antonio, TX. In an attempt to get this witness to
testify, he was charged in Kane County with a drug offense, in Federal Court in
Philadelphia, PA, with a financial crime and in Federal Court in Fresno, CA,
with theft from a military base. The Judge before whom we appeared in San
Antonio was the Honorable William Sessions who later became head of the F.B.I.
Other highlights include complex civil litigation in the Federal District Court
for the Northern District of Illinois, Western Division which was settled but
only after filling five file boxes with documents, numerous murder trials
including the satisfaction of gaining an acquittal in a case where all three
defendants were acquitted after being tried together for the murder of an
elderly woman. The satisfaction was amplified when the real perpetrator was
apprehended and convicted.
The real satisfaction of my legal career lies in concluding a case and being
able to feel I have helped someone who deserved to be helped whether he was
guilty or not guilty of the offense with which he was charged. I have enjoyed my
relationship with other lawyers, and my relationship with Judges in front of
whom I have appeared.
OTHER EMPLOYMENT HISTORY
Worked on a dairy farm during the summers in Wisconsin from the time I was
twelve (12) years old until approximately age eighteen (18).
Held various construction jobs during the summers from age eighteen (18) until
graduation from law school. Included working with a crew which installed
foundations for skyscrapers in Chicago. The job entailed riding a bucket down to
the bottom of a seventy-five foot hole and using an air spade to bell out the
hole prior to it being filled with cement.
Worked on a construction crew which disassembled the cement forms when Marina
City in Chicago was being built. The job required working near and around the
edge of the building at height.
During summers while in law school I worked at Warwick State School for Boys in
Warwick, New York. I was the equivalent of a camp counselor. I was responsible
for 25 to 30 residents of the facility.
Assistant wrestling coach at University of Notre Dame 1963 to 1966.
HOBBIES
Skydiving
Since 1983, I have completed approximately 1,500 jumps, 10 of which were base
jumps
Bicycling
My longest ride was from Fairbanks, Alaska to Anchorage, Alaska (500 miles over
the course of six days) to raise money for AIDS.
Grandchildren
I have four grandchildren.. I enjoy amusing and being amused by them, as well as
spoiling them.
ACCOMPLISHMENTS
Briefed and represented clients in excess of 50 Appellate Court cases,
including the Second and Third District Appellate Courts in the State of
Illinois and the Illinois Supreme Court. Appeared in the Federal Appellate
Courts for the Seventh (located in Chicago, IL), the Ninth Circuit (located in
San Francisco, CA) and Tenth Circuit (located in Denver, CO).
I have filed various Petitions for Writ of Certiorari to the Supreme Court of
the United States of America, one of which was ruled upon, though oral argument
was not given.
Appeared in the trial courts in virtually all counties in the Northern half of
the State of Illinois, State Court in Wisconsin, State Court of Indiana, and the
Federal District Courts for the District of Utah, District of Arizona, Eastern
District of Wisconsin, Northern District of Indiana, Central District of
Illinois, Northern District of Illinois, Eastern and Western Divisions, Eastern
District of Pennsylvania, Eastern District of New York, Western District of New
York, Central District of California and the Central District of Texas.
AV rating from Martindale-Hubbell.
Speaker at various legal seminars.
Author of A Balancing Act, covering the legal issues facing a parachute drop
zone operation (a copy of which is in the Kane County Law Library).
APPEALS
Attached is a list of Appeals in which I have been counsel. As you can see,
the list is extensive and it is hard for me to decide which is more significant.
I was involved in a series of cases having to do with prior jeopardy/forfeiture.
Those cases went to the Illinois Supreme Court and ultimately a Writ of
Certiorari was filed in the United States Supreme Court. Certiorari was granted,
however the case was decided without argument as a similar case from the Sixth
Circuit Court of Appeals was accepted for oral argument. That series of cases
was perhaps the most significant for me because until the Supreme Court ruled,
it was the most gratifying, though ultimately the most disappointing. The two
main forfeiture cases were In the Interest of P.S., a minor and People v. John
Kimrey. When those cases came up in the Second District Appellate Court, the
Justices made an exception to their general policy of not allowing oral
argument. The two cases were argued together in front of two separate panels to
which they was assigned. Justice Bowman laughingly referred to it as the en banc
Second District Appellate Court.
My most significant case for the legal profession was probably People v. Barraza,
193 Ill. App.3d 655, which is the case that held in a trial, in absentia lawyers
get paid first out of the bond. That ruling virtually ended trial in absentia in
Illinois.
People v. Turnage, 190 Ill. Dec. 841, was an Illinois Supreme Court case which
held that evidence seized during the execution of an arrest warrant which had
been previously recalled, was not admissible.
My cases in the Tenth Circuit Court of Appeals located in Denver, Colorado and
the Ninth Circuit Court of Appeals located in San Francisco, California were
gratifying to me because I always enjoyed the challenge of going to a new and
different court to see how well I could do. Three of those cases involved
incidences which occurred on Lake Powell. One case, in the Arizona portion of
Lake Powell, was tried in the District Court for the District of Arizona in
Phoenix, Arizona, and the other two were tried in the District Court for the
District of Utah in Salt Lake City, Utah.
ACKNOWLEDGEMENTS
Obviously, none of this could have been accomplished without an excellent
support staff and my wife of 41 years, Maria.
My thanks to Wilson Burnell, now deceased, who worked for me after he retired
from the bench, Nischal Raval, my associate lawyer, and my office staff.
Appellate Court – 2nd District:
People v. Barraza No. 2-89-0277, 193 Ill. App.3d 655; 550 N.E.2d 59; 140 Ill.
Dec. 577, February 1, 1990, Filed.
People v. Saulsburry, No. 2-87-1137, 178 Ill. App.3d 857; 533 N.E.2d 1154; 128
Ill. Dec. 66, January 25, 1989, Filed.
Batavia v. Allen, No. 20-90-1103, 218 Ill. App.3d 545; 578 N.E.2d 597; 161 Ill.
Dec. 239, August 30, 1991, Filed.
People v. Clark, No. 2-88-0568, 185 Ill. App.3d 231; 541 N.E.2d 199; 133 Ill.
Dec. 362, June 30, 1989, Filed.
People v. Hardin, No. 2-88-0161, 179 Ill. App.3d 1072; 535 N.E.2d 1044; 129 Ill.
Dec. 279, March 3, 1989, Filed.
People v. Hughes, No. 2-87-1168, 181 Ill. App.3d 300; 536 N.E.2d 71; 129 Ill.
Dec. 387, February 3, 1989, Filed.
People v. Byrnes, No. 71-385, 7 Ill. App.3d 735; 288 N.E.2d 690, October 18,
1972, Filed. Argued by Patrick Dixon.
People v. Johnson, No. 70-6, 128 Ill. App.2d 445; 262 N.E.2d 6, September 3,
1970.
McPherson v. Hewitt, No. 73-165, 32 Ill. App.3d 435; 335 N.E.2d 606, October 3,
1975, Filed.
People v. Towns, Nos. 2-93-1376, 2-94-0111 cons., 269 Ill. App.3d 907; 646
N.E.2d 1366; 207 Ill. Dec. 279, February 24, 1995, Filed.
People v. Astorga, Nos. 2-92-0110, 2-92-0111, cons., 245 Ill. App.3d 124; 613
N.E.2d 779; 184 Ill. Dec. 462, March 23, 1993, Submitted, May 12, 1993, Filed.
Heavner v. Illinois Racing Bd., No. 81-387, 103 Ill. App.3d 1020; 432 N.E.2d
290; 59 Ill. Dec. 706, February 16, 1982, Filed.
People v. Turnage, No. 2-91-0861, 251 Ill. App.3d 485; 622 N.E.2d 871; 190 Ill.
Dec. 841, August 31, 1993, Submitted, October 28, 1993, Filed.
People v. Preatty, No. 2-92-0671, 256 Ill. App.3d 579; 627 N.E.2d 1199; 194 Ill.
Dec. 557, December 21, 1993, Submitted, January 25, 1994, Filed.
People v. Benson, No. 2-92-0858, 256 Ill. App.3d 560; 627 N.E.2d 1207; 194 Ill.
Dec. 565, January 4, 1994, Submitted, January 24, 1994, Filed.
People v. Davis, No. 2-03-1203, 353 Ill. App.3d 261; 818 N.E.2d 463; 288 Ill.
Dec. 775, November 5, 2004, Decided.
People v. 1515 Coolidge Ave., No. 2-99-0039, 308 Ill. App.3d 805; 721 N.E.2d
205; 242 Ill. Dec. 237, July 23, 1999, Assigned, August 6, 1999, Submitted,
November 30, 1999, Filed.
People v. Woolsey, No. 2-95-0274, 278 Ill. App.3d 708; 663 N.E.2d 763; 215 Ill.
Dec. 520, March 18, 1996, Submitted, April 3, 1996, Filed.
People v. One 1982 Maroon Ford Mustang, No. 2-92-0934, 258 Ill. App.3d 127; 630
N.E.2d 137; 196 Ill. Dec. 440, February 22, 1994, Filed.
People v. $207,766 U.S. Currency, No. 2-98-1651, 312 Ill. App.3d 454; 727 N.E.2d
629; 245 Ill. Dec. 182, October 21, 1999, Assigned, November 4, 1999, Submitted,
March 27, 2000, Filed.
People v. Rehkopf, Nos. 2-86-0274, 2-86-0275 cons., 153 Ill. App.3d 819; 506
N.E.2d 435; 106 Ill. Dec. 728, March 31, 1987, Filed.
People v. Torres, No. 2-91-1342, 245 Ill. App.3d 297; 613 N.E.2d 338; 184 Ill.
Dec. 311, March 2, 1993, Submitted, May 5, 1993, Filed.
People v. Sullivan, No. 2-91-0637, 243 Ill. App. 3d 830; 612 N.E.2d 1000; 184
Ill. Dec. 124, February 2, 1993, Submitted, April 28, 1993, Filed.
People v. Mauricio, No. 2-91-1044, 249 Ill. App.3d 904; 619 N.E.2d 1348; 189
Ill. Dec. 299, August 11, 1993, Submitted, September 2, 1993, Filed.
People v. One 1986 White Mazda Pickup Truck, No. 2-92-0666, 251 Ill. App.3d 79;
621 N.E.2d 250; 190 Ill. Dec. 381, August 24, 1993, Submitted, September 23,
1993, Filed.
People v. Hernandez, No. 2-97-0623, 296 Ill. App.3d 349; 694 N.E.2d 1082; 230
Ill. Dec. 804, March 18, 1998, Submitted, May 8, 1998, Filed.
People v. Ratliff, No. 2-95-0282, 282 Ill. App.3d 707; 669 N.E.2d 122; 218 Ill.
Dec. 391, January 25, 1996, Submitted, July 26, 1996, Filed.
People v. Moss, No. 77-227, 59 Ill. App.3d 392; 375 N.E.2d 551; 16 Ill. Dec.
678, April 21, 1978, Filed.
Appellate Court – 3rd District:
People v. Portuguez, No. 3-95-0614, 282 Ill. App.3d 98; 667 N.E.2d 1080; 217
Ill. Dec. 687, June 12, 1996, Submitted, June 26, 1996, Filed.
People ex rel. Neal v. Ryan, No. 3-96-0059, 284 Ill. App.3d 318; 672 N.E.2d 47;
219 Ill. Dec. 732, September 3, 1996, Submitted, October 17, 1996, Filed.
People v. Sparks, No. 3-90-0851, 221 Ill. App.3d 546; 582 N.E.2d 314; 164 Ill.
Dec. 106, November 27, 1991, Filed.
Appellate Court – 4th District:
People v. Masters, No. 4-86-0313, 155 Ill. App.3d 1015; 508 N.E.2d 1163; 108
Ill. Dec. 586, May 28, 1987, Filed.
Supreme Court of Illinois:
People v. Aquino, Docket No. 87233, 184 Ill.2d 560; 714 N.E.2d 528; 239 Ill.
Dec. 609, June 2, 1999, Decided.
People v. Garcia, Docket No. 90958, 199 Ill.2d 401; 770 N.E.2d 208; 264 Ill.
Dec. 314, April 18, 2002, Filed.
People v. Turnage, Docket No. 76475, 162 Ill.2d 299; 642 N.E.2d 1235; 205 Ill.
Dec. 118, October 27, 1994, Filed.
People v. P.S., Docket Nos. 78910, 78944 cons., 169 Ill.2d 260; 661 N.E.2d 329;
214 Ill. Dec. 475, January 18, 1996, Filed.
People v. P.S., Docket Nos. 78910, 78944 cons., 175 Ill.2d 79; 676 N.E.2d 656;
221 Ill. Dec. 853, January 30, 1997, Filed.
People v. One 1986 White Mazda Pickup Truck, Docket No. 76349, 162 Ill.2d 67;
642 N.E.2d 455; 204 Ill. Dec. 754, September 29, 1994, Filed.
United States Circuit Court of Appeals for the 7th Circuit (Chicago, Illinois):
United States v. 25 Sandra Court, No. 97-2042, 135 F.3d 462, December 4, 1997,
Argued, January 30, 1998, Decided.
Behr v. Ramsey, No. 00-1881, 230 F.3d 268, September 6, 2000, Argued, October 2,
2000, Decided.
United States v. One 1979 Chevrolet C-20 Van, No. 90-1595, 924 F.2d 120, January
16, 1991, Argued, February 6, 1991, Decided.
Thompson v. Wagner, No. 02-1918, 319 F.3d 931, September 17, 2002, Argued,
February 13, 2003, Decided, As Amended March 14, 2003.
United States Circuit Court of Appeals for the 9th Circuit (San Francisco,
California)
United States v. Mark Albers, No. 96-10561, D.C. No. CR-95-00448-RGS, Filed
February 17, 1998, Amended March 20, 1998.
United States Circuit Court of Appeals for the 10th Circuit (Utah)
United States v. William Oxx, No. 96-4173, No. 96-4173, D.C. No. 96-CR-077 J,
Filed October 10, 1997.
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