A judge said he will rule on whether a Joliet Township trustee should be removed from office because of his prior felony convictions.
Prosecutors from the Will County State’s Attorney’s Office filed an emergency motion to remove Trustee Karl Ferrell from the township board, arguing his drug and weapon convictions disqualify him from holding elected office.
On Wednesday, Judge John Anderson heard arguments from Ferrell’s attorney, John Partelow, and Assistant State’s Attorney Scott Pyles on whether he should grant the motion.
Partelow explained his motion for the court to dismiss the state’s attorney’s lawsuit against Ferrell. He said Ferrell had filed a petition for a pardon from Gov. JB Pritzker, which, Partelow argued, if granted would render the state’s attorney’s lawsuit moot. Partelow added that if the governor pardoned Ferrell, that “would resolve any issues of eligibility.”
Partelow said Ferrell has a hearing set for July on his request for a pardon and asked Anderson to stay the case at least until then. Still, Partelow conceded the governor could take several months to make a decision.
Ferrell’s attorney also pointed to the law the state’s attorney’s office cited in its complaint that said a person convicted of an “infamous crime” could not hold public office. Partelow argued Ferrell’s past convictions were not infamous crimes.
Anderson agreed with Partelow that the definition of an infamous crime was not entirely clear, but also noted the statute also lists “other felonies” as a reason to bar individuals from holding elected office.
Pyles contended that Ferrell is not eligible to hold township office and Ferrell falsely claimed he was eligible on his statement of candidacy for the 2021 election.
“We’re not talking about one felony when he was 18 years old, judge,” Pyles said. “We’re not talking about a youthful indiscretion. Mr. Ferrell ... has got a rap sheet in there that’s as long as my arm.”
After informing the township of the issue in December, Pyles said, the state’s attorney’s office gave Ferrell time to resign so the township could install an eligible trustee.
Pyles also attempted to poke holes Ferrell’s petition for a pardon.
He said Ferrell pleaded guilty to a misdemeanor charge of driving with a suspended license in 2019. Pyles said Ferrell did not mention that charge in his petition for a pardon.
“For him to say, ‘I’ve changed my life. I’m a law-abiding citizen,’ I’m sorry,” Pyles said. “The clemency petition’s not really worth the paper it’s printed on if it doesn’t give a factual account of what Mr. Ferrell has been doing.”
Partelow dismissed Pyles’ point about the misdemeanor and said it likely won’t impact the decision on whether Ferrell should be pardoned.
Pyles also said Ferrell failed to mention his weapon conviction in the petition for a pardon, so the request was “worthless.”
Partelow explained Ferrell filed his petition for a pardon on his own behalf and that the intention was to seek a full pardon for all felony convictions. He said the petition can be amended if there was “some sort of deficiency.”
“It’s silly to argue that he filed his petition to cover 90% of his convictions and not 100% of his convictions,” Partelow said.
Pyles also pointed out that Ferrell attended Tuesday night’s township board meeting. He argued the court needed to take action because Ferrell could vote on township matters affecting money or ordinances.
“That calls into question the legitimacy of that action,” Pyles said.
Ferrell did attend Tuesday’s meeting, but abstained from all votes, including for the distribution of grants.
Bryan Wellner, the township’s attorney, said township officials did not object to Ferrell attending the meeting while his case was being decided.
Township officials said Ferrell was not paid his $1,000 salary for March.
Anderson said he was unsure about removing Ferrell from officer under a temporary restraining order, as prosecutors requested.
Pyles said the state’s attorney’s office would accept an order disallowing Ferrell from attending township meetings or taking votes, but still argued the court should remove him from office.
Anderson said he would consider the arguments made and decide in the next few days about how to proceed. He added that he likely will put the case on a “fast track” to reach a resolution.