Friday, Judge Kengis kept Fields bond the same. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. The appeal was heard by Allegan County District Judge William Baillargeon. Call, or visit the court's website if listed above. The emails were something between idle chat and administrative communication.. In a process run by a county clerk, the candidates choose slips of paper from a box that say either "elected" or "not elected".[2]. Bakker, who remains on the bench, served in the role for 11 years. Bakker was Allegan Countys first female circuit court judge. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. 269-226-5014. craig.chindemi@ascension.org. All rights reserved (About Us). She said the counseling took place there and the sexual relations at Fields home next door to the center. This trooper has been given additional personal training since this investigation. The rest of the charges against Field will be dismissed including charges of criminal sexual conduct and no additional charges will be brought against him from the investigation. In August, Bakker also recused herself from hearing the motion for a new trial. More:Man wins new trial over email exchange between judge, prosecutor, More:Judges recused from hearing mans request for new trial, More:Allegan man says judge, prosecutor denied him a fair trial. All rights reserved. The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. ", Koch responded, "They do but not typically for CSCs. Villar, a private practice attorney, later lost the electionby a handful of votes. Bowman is already serving a life sentence for a murder he committed in Norfolk, Virginia, in 1980, where he had reported for his two-week annual active drill as a member of the Navy reserves. *Not location specific. Allegan County Circuit Court Judge. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. Services The Circuit Court Family Division provides the following services: Delinquency Proceedings Casework services -- Community Probation and Juvenile Diversion Protective Proceedings Guardianship of minors who are already under Family Court jurisdiction 57th District Court Honorable Joseph S . Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. 113 Chestnut Street, Allegan, MI 49010 Allegan County Court System Type: Civil, General Civil - Unlimited, General Civil - Limited, Small Claims, Complex Commercial, Foreclosures and Liens, Real Estate Title and Boundary, Criminal, Mental Health Division: Contact Information: Phone Number: 269-673-0400 Fax: 269-673-0490 "Since Judge Kengis was appointed, Judge Bakker and Judge Kengis have worked together on chief duties, and the two plan on continuing this practice moving forward," Brink wrote in an email. Judges Elections Allegan County, Michigan Circuit Court 48th Circuit Court, Michigan Margaret Bakker (Chief judge) Kevin W. Cronin [1] District Court Michigan Fifty-seventh Judicial District Court William Baillargeon (Chief judge) Joseph S. Skocelas [2] Probate Court Allegan County Probate Court, Michigan Michael L. Buck [3] See also Penny Brown . On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 2023 www.hollandsentinel.com. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. Email news@wzzm13.com, visit our Facebook page or Twitter. Appeals court walks back new trial for man after prosecutor, judge emailed during trial, Man wins new trial over email exchange between judge, prosecutor, Judges recused from hearing mans request for new trial, Allegan man says judge, prosecutor denied him a fair trial, Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. During the runup to the primary election in August, prosecutorial candidate Michael Villar accused his opponent, incumbent prosecutor Myrene Koch, of inappropriate ex parte communications with Judge Margaret Bakker. If there are more than twice the number of candidates than there are judgeships up for election, the race will appear on the primary election ballot. A more recent docket listing may be available from PACER . The chief judge holds "administrative superintending power and control over the judges of the court and all court personnel, including the friend of the court," according to Michigan Court Rule, managing staffing, caseload, court finances, making county clerk and prosecutor's office appointments and managing assignment and reassignment of cases. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon The emails from Judge Bakker were an editorial expressing discontent with the case and as inquiry as to the breakdown in police and procedure that compromised the investigation, Schikora wrote in court documents. Bakker did not submit a request to be reappointed which left an opening for Kengis. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. (269) 673-0300, Honorable Roberts Kengis Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Judges Jon Van Allsburg, Mark Feyen and Bradley Knoll were reappointed to two-year terms as chief judges of Ottawa County's 20th Circuit Court, Probate Court and 58th District Court, respectively. Interns wanted: Get paid to help ensure that every voter has unbiased election information. Have a news tip? Ex parte translates from Latin to mean out of the party; in the context of the legal system, it is communication about a case between a judge and one sides attorney that occurs without the other partys counsel present. Ascension Borgess Allegan Foundation Director . We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. a murder he committed in Norfolk, Virginia, in 1980, Hamilton man pleads guilty to 1980 murder of Virginia woman, Wife: Hamilton man killed their daughter in 1989, dismembered and buried body, Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1, Your California Privacy Rights / Privacy Policy. YouTubes privacy policy is available here and YouTubes terms of service is available here. In a hearing Thursday, Judge Roberts Kengis alerted the. Villar lost the primary election in August and a recount of votes conducted last week affirmed that Koch had won re-election by 19 votes. Presiding Family Court Judge, Allegan County, Michigan More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. Rick Snyder on Wednesday, Feb. 28 . Redistricting Maps Take Affect for 2022 Elections. 3283 122nd Ave. Hours: Open Weekdays 9:00 AM - 5:00 PM On Wednesday, Oct. 5, the high court announced it would hear arguments in the case, but limited the scope to the ramifications of discovered communications where the presiding judge overseeing Loew's initial trial was sharing her opinion of the case through emails with the head prosecutor. Kengis was the chief prosecuting attorney when. Aundria Bowman's body was discovered buried on the Bowmanproperty in Hamilton in February 2020, after Dennis Bowman confessed the location of her body to his wife. Jennifer Garcia. Dont they have detectives with MSP anymore?. Judge Kengis handles all the case types that are dealt with in circuit court: criminal felonies, civil cases with a value over $25,000.00, divorce, custody, and paternity cases, personal protection order cases, child protective proceedings, guardianships, adoptions, and appeals from district court and administrative bodies. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. In response to the allegations brought by Loews attorney, Assistant Prosecuting Attorney Molly Schikora said the three emails sent by the judge had no bearing on the case and were not intended to help the prosecution. In 2020, Kengis was elected to the circuit court. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. . Kengis will continue as Prosecuting Attorney until March 19 when he starts his role as a Circuit Judge, a position he was appointed to by Governor Rick Snyder. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. 2023 www.hollandsentinel.com. While Koch said she did not talk to her assistant prosecutor about the judges remarks, Lynch said in court filings that APA Jipp had ample time to adjust her trial strategy and presentation of evidence to address concerns the judge voiced with remarkable candor., He said the trial transcript indicates that APA Jipp indeed addressed the issues raised by Judge Bakker.. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Judge Kengis used previous testimony and evidence to show that Field committed perjury when he testified that he had not had sex with the victim, that he had held himself out as a licensed health practitioner when he wasnt, presented a false insurance claim for services rendered to another person, possessed marijuana in his home in 2017 and attempted to commit indecent exposure against the victim. Bakker also asked why the victim in the case had not been given a medical exam. 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Example video title will go here for this video. ALLEGAN Judge Roberts Kengis took over supervision of the 48th Circuit Court on Jan. 1 as chief judge after he was appointed by the Michigan Supreme Court to replace Judge Margaret Zuzich Bakker in the role. In Wednesday's announcement, the state Supreme Court said it would hear the appeal, but would limit the scope to the ex parte communications between Bakker and Koch, whether they were administrative in nature and whether Loew is entitled to a new trial. Allegan Attorney Michael Villar, who challenged Koch for her job in the August Republican primary, uncovered the emails in a Freedom of Information Act request. The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. The Michigan Supreme Court is providing the information on this website as a public service. JUDGES OF MICHIGAN . Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. .courts-header { font-size:150%;background-color:#334aab;color:white;} Marcia Johnson. George Field, 60, of Dowagiac, had been scheduled to face trial starting Monday in Cass County Circuit Court on 17 criminal sexual conduct, insurance fraud and perjury charges. The same date Kengis starts as a Circuit Judge. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. They have four children. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. Allegan, MI 49010, Design By Granicus - Connecting People & Government. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Gov. All rights reserved. They began investigating and recommended she contact the sheriffs department. If there are not more than twice the amount of candidates than there are persons to be elected, the race will not appear on the primary election ballot, but only on the general election ballot. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. Apply today! It was after his arrest in November 2019 for Doyle's murder that he began asking to speak to detectives about the circumstances of Aundria'sdeath. The case will be reassigned to Judge Margaret Bakker. The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. Betty Kortman . Field had been a popular instructor at the college before his dismissal. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Is any of the above incorrect? Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Lynch responded: Thats not the point. Please enable JavaScript in your browser for a better user experience. Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. The Michigan Supreme Court made their current appointments to the courts across the state. ALLEGAN COUNTY, MI A judge ordered a retrial for a man convicted of sexual assault because the trial judge emailed the county prosecutor who was not trying the case during proceedings. The same date Kengis starts as a Circuit Judge. Let us know here, 57th District Court Allegan County113 Chestnut Street0.0 mile away, Allegan County Probate Court2243 33rd Street2.2 miles away, 36th Judicial Circuit Court Van Buren CountyCourthouse - Second Floor, 212 East Paw Paw Street12.6 miles away, 2023 Everything-Bytes | Terms of Use & Privacy Policy. The two then exchanged several emails about the lack of a medical exam. Jan Murray. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. Through a Freedom of Information Act request, Villar obtained emails sent during Loews case between Koch and Bakker in which Bakker wrote to Koch regarding the police: (T)his trooper didnt do a very good investigation. Generally, ex parte communications between a judge and only one party in a legal matter are prohibited by ethics codes for judges and attorneys because they can give an unfair advantage to one side in a case. In the motion for a new trial, the Defense team did not allege nor did the Judge cite any actual bias or impact on the integrity of the trial based on those communications.. Neither side objected in court to Kengis'decision to recuse himself. Bakker was Allegan County's first female circuit court judge. In this case, she was comfortable with the agreement. He obtained the emails through a Freedom of Information Act request. He was sentenced to a minimum 20 years in prison on each charge. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. Allegan County will soon have a new Prosecuting Attorney. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. She noted that he has already conducted trials in his home county during the pandemic, which should be a help as Cass County starts holding them. The jury was thereby improperly influenced.. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. Allegan County, All civil cases at law over $300., Civil cases in equity., Proceedings in habeas corpus., Felonies and misdemeanors, Proceedings in quo warranto., Prohibition and certiorari cases., Appeals from magistrate court, municipal court, and administrative agenc, Phone Number: 269-673-0300 Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. 113 Chestnut Street, Allegan, MI49010 This case has languished in the system for a few years and our victims deserve to have the ability to go on with their life. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. Cheshire Hills Golf Course . On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. My office is contemplating an appeal. Rob Kengis. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Sixth Circuit Court of Appeals U.S. District Court: Eastern District of Michigan, Western District of Michigan U.S. Bankruptcy Court: Eastern District of Michigan, Western District of Michigan, Michigan Supreme Court The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker Koch and her husband married in 1993. non-substantive) matters.". County Clerk, Judge, or Other Info: Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon Hours: Open Weekdays 9:00 AM - 5:00 PM Additional: Frederick Anderson (Prosecuting Attorney), Margaret Zuzich Bakker (Chief Assistant Prosecuting Attorney); Assistant Prosecuting Attorneys: Douglas E. Ketchum, Roberts A. Kengis, Steven J. Lanting, Myrene K. Koch, Daniel Norbeck, Judy H COURTS _____ Pursuant to MCR 7.201, IT IS ORDERED that the Honorable Elizabeth L. Gleicher is appointed as chief judge of the Court of Appealsfor the two year period - commencing . Koch said in an email to MLive: "While I respect Judge Baillargeon, I disagree with the basis of his decision in granting a new trial. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. 1983 against the County of Allegan, the State of Michigan, Kevin Cronin, a former judge of the 48th Circuit Court in Allegan County, and Robert Kengis, a current judge of the 48th Circuit Court, alleging claims for denial of due process, cruel and unusual punishment Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. AGC investigations are confidential, and investigations of the Judicial Tenure Commission only become public if the commission decides to proceed with a formal complaint against the judge, typically reserved for allegations of serious misconduct. The communications provided nothing of any tactical use to the prosecution, even if Defendant had been able to show Ms. Jipp was aware of them. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } Daniel Albert Loew, 26, was convicted by an Allegan County Circuit Court jury of two counts of first-degree criminal sexual conduct (CSC), two counts of third-degree CSC and a single count of second-degree CSC. Under the plea agreement announced by Chief Assistant Prosecutor Tiffiny Montenegro and defense attorney James Miller, Field will plead no contest to three counts of attempted aggravated indecent exposure, one count of perjury, one count of unauthorized practice of a health profession, one count of health care fraud and one count of possession of marijuana. In the majority opinion, Murray wrote that while the appeals court recognized the communications were ex parte, such communications "between a sitting judge and a prosecutor do not warrant a new trial so long as the communications focus on administrative or procedural (i.e. "We think the court wants to hear and have robust conversations on these issues. Contact 48th Judicial Circuit Court 113 Chestnut St. Allegan, MI 49010 (269) 673-0300 Judges Honorable Roberts Kengis Chief Circuit Court Judge Honorable Margaret Zuzich Bakker Circuit Court Judge Honorable Michael Buck Presiding Family Court Judge Ballotpedia provides comprehensive coverage of the 100 largest cities in America by population as well as mayoral, city council, and district attorney election coverage in state capitals outside of the 100 largest cities. As the presiding officer of the court, a chief judge shall: (a) call and preside over meetings of the court; (b) appoint committees of the court; (c) initiate policies concerning the courts internal operations and its position on external matters affecting the court; (d) meet regularly with all chief judges.. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Circuit Court Judge, Honorable Michael Buck This trooper has been given additional personal training since this investigation., Bakker then wrote: One more question..this victim was not referred for a medical, do you know why?, Koch replied a few minutes later: Yes, because the prior (assistant prosecuting attorney) assigned to the case did not catch that it was missed nor did anyone else who touched the file., Lynch said that the ex parte communication, or communication with only one side, showed bias and violated the Code of Judicial Conduct. Roberts Kengis Circuit Court Judge at Allegan County Government Plainwell, Michigan, United States 781 followers 500+ connections Join to connect Allegan County Government Wayne State. He replaces Judge Margaret Zuzich Bakker, who served 11 years as chief judge. Michigan District Courts 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Soon after election, she was appointed as chief judge, a position she has held for 11 years. The defense said the emails show misconduct. He was sentenced last November to at least 20 years in prison. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. Its one of the most outrageous things Ive seen in my career, defense attorney Heath Lynch, a former federal prosecutor in Grand Rapids, told MLive/The Grand Rapids Press. Field was arrested in the fall of 2017. The sentences run concurrently. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. The case was tried by assistant prosecuting attorney Emily Jipp. Sarah Leach is editor of The Holland Sentinel. Community Volunteer . Lynch told The Sentinel on Friday the most recent decision to hear arguments indicates the high court's interest in issues it deems of "significant public concern.". Jury trials routinely require two to three days to decide amidst other . Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. Subscribe: Get unlimited access to our local coverage. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. They claim that Loew did not receive a fair trial. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. He was elected to a six-year term in 2020. Dont they have detectives with MSP anymore? "Maybe it wasn't the case, but it creates the appearance of coaching, or at least flagging, 'This is something you're going to need to address,' and that's my worry," Baillargeon said. After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. *Please call to verify. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. She became a judge on Jan. 1, 2010. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. 113 Chestnut St. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. Allegan, MI 49010 Judge Bakker says, "Myrene has demonstrated an outstanding ability to represent the peoples interests in criminal prosecutions before this Court and as Chief Assistant has demonstrated strong administrative abilities that will serve her and the County of Allegan well as Prosecutor.. In August 2019, Loew was convicted by a jury of multiple rapes of a relative of his wife, a girl who was 13 at the time of the first assault. Field has been free on $50,000 cash or surety bond since July 2018 after being held on a higher bond for several months after his arrest in September 2017. Michigan is one of 43 states that hold elections for judicial positions. 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