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. 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. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. 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. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Click here to contact us for media inquiries, and please donate here to support our continued expansion. 100% remote. 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 Community Rules apply to all content you upload or otherwise submit to this site. By using this website, you agree to comply with all of the terms of use . Jury trials routinely require two to three days to decide amidst other . Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. Dont they have detectives with MSP anymore?. Field had been a popular instructor at the college before his dismissal. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. Call, or visit the court's website if listed above. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. ALLEGAN The judge assigned to oversee the trial of Dennis Bowman,accused of the murder of his adopted daughter Aundria 30 years ago, has recused himself because of his past involvement in the caseas a prosecutor. In 2020, Kengis was elected to the circuit court. Bakker was Allegan County's first female circuit court judge. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. All rights reserved (About Us). Michigan is one of 43 states that hold elections for judicial positions. In a hearing Thursday, Judge Roberts Kengis alerted the. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. 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 Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? Bakker, who remains on the bench, served in the role for 11 years. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. Kengis was the chief prosecuting attorney when. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. The jury was thereby improperly influenced.. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. Subscribe: Get unlimited access to our local coverage. Allegan, MI 49010 Bakker, who remains on the 48th Circuit Court bench, became Allegan County's first female circuit court judge when she won election to the position in 2010. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. The victim was 13 at the time of the first reported assault. "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. 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. Circuit Court Judge, Honorable Michael Buck Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. 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. 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. ALLEGAN Two Allegan County judges have recused themselves from hearing the case of Daniel Loew, who is asking for a new trial after emails between the judge and the Allegan County Prosecuting Attorney were released during the prosecutors re-election campaign. 48th Judicial Circuit Court CASSOPOLIS A former Southwestern Michigan College instructor accused of having improper relations with a student he was counseling has accepted a plea deal just days before his trial was to start. 2023 www.hollandsentinel.com. He said Field will be given the opportunity to withdraw his plea if Kengis decides to sentence him to more than a year in jail or change any other terms of the agreement. 269-226-5014. craig.chindemi@ascension.org. ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? 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 Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. 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. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. "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. The chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. 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 . Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. 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. Villar, a private practice attorney, later lost the electionby a handful of votes. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. In August, Bakker also recused herself from hearing the motion for a new trial. To learn more about judicial selection in Michigan, click here. Jan Murray. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. The people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. 113 Chestnut St. 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. JUDGES OF MICHIGAN . Community Volunteer . 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. 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. Lynch said that emails obtained through the Freedom of Information Act showed improper communication between the trial judge, Margaret Zuzich-Bakker, and the prosecutor, regarding substantive matters that gave the prosecution a tactical advantage.. They began investigating and recommended she contact the sheriffs department. The case likely will be heard in 2023. Koch previously told The Sentinel she never discussed the emails with Jipp. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Bowman, 72, is charged with her murder. A more recent docket listing may be available from PACER . 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. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. . He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. YouTubes privacy policy is available here and YouTubes terms of service is available here. Ascension Borgess Allegan Foundation Director . He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. Loew's attorney, Heath Lynch, argued it's impossible to know whether Koch shared the communications with Jipp and whether trial strategy was altered due to what Bakker wrote in the emails. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. In this case, she was comfortable with the agreement. Michigan Circuit Court The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. "The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. Presiding Family Court Judge, Allegan County, Michigan SMC completed its investigation in late September 2017 when they fired Field. 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. Please enable JavaScript in your browser for a better user experience. 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 plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker 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]. 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.". Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. He was sentenced last November to at least 20 years in prison. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. Bowman told detectives thaton the day he reported 14-year-old Aundria missing, March 11, 1989, he came home to find Aundria had broken into her parents' room, normally kept locked, and was getting ready to run away. Loew currently is free while awaiting the outcome of his appeal. Subscribe:Get unlimited access to our local coverage. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. 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 Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. 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. Rick Snyder on Wednesday, Feb. 28 . Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. 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. Visit our Links Page for websites providing Employment Listings, as well as US Government holiday closings. Lynch responded: Thats not the point. Field was arrested in the fall of 2017. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. He was sentenced to a minimum 20 years in prison on each charge. This trooper has been given additional personal training since this investigation. 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). Michigan Court of Appeals He said Field will be given the opportunity to withdraw his plea if Kengis decides to sentence him to more than a year in jail or change any other terms of the agreement. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. 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. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 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. 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. 100 largest cities in America by population, United States District Court for the Western District of Michigan, United States Court of Appeals for the 6th Circuit, Michigan Fifty-seventh Judicial District Court, Michigan local trial court judicial elections, 2023, Michigan local trial court judicial elections, 2022, Michigan local trial court judicial elections, 2021, Michigan local trial court judicial elections, 2020, Michigan local trial court judicial elections, 2019, Michigan local trial court judicial elections, 2018, Michigan local trial court judicial elections, 2017, Michigan local trial court judicial elections, 2016, https://ballotpedia.org/wiki/index.php?title=Allegan_County,_Michigan_(Judicial)&oldid=7667650, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. Download the WZZM 13 app now. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. She said the counseling took place there and the sexual relations at Fields home next door to the center. The fact that the presiding judge was commenting on the quality of the investigation while the trial was underway it's inconceivable to me that that could happen," Lynch said. My office is contemplating an appeal. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. 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. He obtained the emails through a Freedom of Information Act request. *Not location specific. 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. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. Marcia Johnson. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. 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; } Bakker, who remains on the bench, served in the role for 11. Allegan County Sheriff's Office Sheriff. 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. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. Michigan District Courts Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. 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. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. Neither side objected in court to Kengis'decision to recuse himself. Email news@wzzm13.com, visit our Facebook page or Twitter. non-substantive) matters.". Copyright 2023, Wilcox Newspapers. .courts-header { font-size:150%;background-color:#334aab;color:white;} He was elected to a six-year term in 2020. Recount in Allegan County prosecutor race confirms same winner by 17 votes, Judge said man who killed 3 women should never go free but felon seeking parole after 48 years, Family of WMU student slain in 1972 awaits killers parole ruling. 3283 122nd Ave. This county is outside of that coverage scope and does not receive scheduled updates. "We think the court wants to hear and have robust conversations on these issues. The case has volleyed around the higher court system after Loew's conviction in August 2019. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. 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. Bowman, 72, is charged with her murder. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. Apply today! The status of those grievances is unknown, as the merits of Loew's appeal are still pending. The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. Make it easy to keep up to date with more stories like this. 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. The defense said the emails show misconduct. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 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. The two then exchanged several emails about the lack of a medical exam. 2023 Advance Local Media LLC. 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. The case was tried by assistant prosecuting attorney Emily Jipp. They claim that Loew did not receive a fair trial. States that hold elections for judicial positions may be available from PACER conclude that Bakker biased. To comply with all of the assistant prosecutor since last June a Court before. 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