We are deeply saddened to announce the passing of our co-founder, mentor, partner, and friend, Gino L. DiVito. Gino left a wide and lasting impact on the legal profession and on all who knew him.
Gino grew up in a Chicago working-class family in a neighborhood where attending college was not the most typical path. When he was young, a nun noticed Gino’s sharp mind and encouraged him to attend St. Ignatius College Prep. Gino later described this as a life-changing moment. After completing his studies at St. Ignatius, Gino attended Loyola University Chicago and the Loyola University Chicago School of Law, from which he earned his law degree in 1963.
As a newly minted lawyer, Gino joined the Cook County State’s Attorney’s Office, where he tried more than a hundred felony jury trials. He served as the Chief of the Criminal Division, supervising more than 330 attorneys involved in every aspect of criminal prosecutions.
In 1977, the Illinois Supreme Court appointed Gino to a judicial vacancy in the Circuit Court of Cook County. Gino later won a contested election to the bench. As a circuit court judge, Gino presided over mostly criminal trials and mentored generations of prosecutors, defense attorneys and younger judges. As a judge, Gino built a reputation for fairness, common sense, hard work, and legal acumen.
In 1989, Gino was appointed to a vacancy on the Illinois Appellate Court, where he served until 1997. As an appellate court justice, Gino became well known for his well-written and well-reasoned opinions in both criminal and civil cases. He helped lead the Appellate Court’s First District as the presiding justice of its Second Division and as a member of its Executive Committee. A judge’s judge, Gino was a frequent and sought-after faculty member at the Judicial Conference, the Appellate Judges Seminar, and the National Judicial College. He also played a significant role in founding the Illinois Judges Association.
In 1997, Gino retired from the bench and began a new phase of his career in private practice. In early 2001, Gino joined his friends Caesar A. Tabet and Michael I Rothstein in founding our firm, Tabet DiVito & Rothstein LLC.
Gino founded Tabet DiVito & Rothstein’s appellate practice and argued landmark cases before the Illinois Supreme Court, including:
- Heaton v. Quinn (In re Pension Reform Litigation), 2015 IL 118585: Representing retired Illinois teachers, Gino successfully argued that pension reform legislation unconstitutionally diminished and impaired his clients’ vested pension rights.
- Center Partners, Ltd. v. Growth Head GP, LLC, 2012 IL 113107: Gino successfully argued for a correct application of the subject-matter waiver doctrine in the context of sharing legal advice in negotiations leading to a business transaction.
- Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130: Representing the Regional Transportation Authority, Gino argued this landmark case about the assessment of sales tax in Illinois.
In addition to representing many TDR clients in the trial courts and on appeal over the following 25 years, Gino mentored generations of TDR attorneys. He also maintained his firm conviction that a legal career should include public service. Notwithstanding his demanding legal practice, Gino taught trial advocacy to law students and attorneys at Loyola University Chicago School of Law, Willamette University College of Law, and the National Institute of Trial Advocacy. Gino also served as a leader in the organized bar, including as a President of the Appellate Lawyers Association of Illinois.
Gino also served on various Illinois Supreme Court committees, including those proposing rules regarding judicial opinions, ethics, sentencing guidelines, and the rules of evidence. Gino’s work contributed to the first-ever wholesale codification of the Illinois Rules of Evidence. His sentencing guide was relied upon by criminal court judges, prosecutors, and judges. To this day, Gino’s evidence guide, published by the Illinois State Bar Association, remains a fixture on the desks of trial judges throughout the state.
Survivors include his wife Rita DiVito of Glenview; his siblings Rosemarie (Jack) Nowicki of Oak Park, Joseph (Sue) DiVito of Arvada, Colorado, and Arthur (Rose Marie) DiVito of Chicago; his sister-in-law Lorrie Brenner; his daughters Gina DiVito of Northfield, Rita (Joshua) Locher of Evanston, and Michelle DiVito (Kyle Potter) of Philadelphia; his son-in-law Martin Snyder; his grandchildren Walter Snyder, Maggie Snyder, Henry Snyder, Maeve Locher, Georgia Locher, Hazel Potter, James Potter, Flora Potter, Ella Potter, Scarlett Potter, and Easton Potter; and dozens of cherished nieces and nephews, and grand-nieces and grand-nephews.
We will miss Gino dearly.