Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. "Whenever an issue arises or a policy decision needs to be made, Judge Bakker and Judge Kengis always discuss the matter prior to the chief making the final decision.". Make it easy to keep up to date with more stories like this. 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]. Community Volunteer . The defense said the emails show misconduct. 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. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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 In August, Bakker also recused herself from hearing the motion for a new 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. The Michigan Supreme Court is providing the information on this website as a public service. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. Lynch responded: Thats not the point. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. 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 . Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. 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 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. Interns wanted: Get paid to help ensure that every voter has unbiased election information. Bakker was immediately appointed chief judge and served 11 years as chief judge. *Not location specific. Jury trials routinely require two to three days to decide amidst other . 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. Community Rules apply to all content you upload or otherwise submit to this site. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. Michigan Circuit Court 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. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. 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. 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. Share & Bookmark, Press Enter to show all options, press Tab go to next option, Freedom of Information Act (FOIA) Requests, Annual Reports and State of the County Report. non-substantive) matters.". 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 Street, Allegan, MI49010 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. "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. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. 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. Hours: Open Weekdays 9:00 AM - 5:00 PM The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. To learn more about judicial selection in Michigan, click here. 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. 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.. YouTubes privacy policy is available here and YouTubes terms of service is available here. My office is contemplating an appeal. Rob Kengis. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. Circuit Court Judge, Honorable Michael Buck Jennifer Garcia. 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. 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.. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. 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. 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. 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. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. 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. 2023 Advance Local Media LLC. 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.. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. Apply today! After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. Michigan Court of Appeals Subscribe: Get unlimited access to our local coverage. Bakker was Allegan Countys first female circuit court judge. 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. 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.. In November 2020, Allegan District Court JudgeWilliam Baillargeon's granted Loew'smotion for a new trial, saying such one-sided communications, called ex parte communications, between the judge and the prosecutor gave the appearance of impropriety. 2023 www.hollandsentinel.com. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. 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. In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. 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. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? He obtained the emails through a Freedom of Information Act request. 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; } More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. The chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. 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. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. He was sentenced last November to at least 20 years in prison. The jury found the Defendant guilty based on that evidence. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. 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. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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. 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 appeal was heard by Allegan County District Judge William Baillargeon. *Please call to verify. This trooper has been given additional personal training since this investigation. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Subscribe:Get unlimited access to our local coverage. 48th Judicial Circuit Court 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. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. Presiding Family Court Judge, Allegan County, Michigan Bowman, 72, is charged with her murder. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. 3283 122nd Ave. Allegan County Friend of the Court et al 1:2021cv00195 | US District Court for the Western District of Michigan | Justia Collet v. Allegan County Friend of the Court et al RSS Track this Docket Docket Report This docket was last retrieved on March 3, 2021. After serving as the elected prosecuting attorney for the county, Kengis appointment to the circuit court occurred in March of 2018 by then Governor Rick Snyder when Judge Kevin Cronin resigned. 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. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. Friday, Judge Kengis kept Fields bond the same. Gov. Loew currently is free while awaiting the outcome of his appeal. Jan Murray. 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 The case will be reassigned to Judge Margaret Bakker. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. "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. 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. By using this website, you agree to comply with all of the terms of use . 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. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. All rights reserved. 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 Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. 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. 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 Is any of the above incorrect? She said the counseling took place there and the sexual relations at Fields home next door to the center. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. All Rights Reserved. Koch and her husband married in 1993. The case likely will be heard in 2023. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. Bakker was Allegan County's first female circuit court judge. Dont they have detectives with MSP anymore?. Download the WZZM 13 app now. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. In 2020, Kengis was elected to the circuit court. He was elected to a six-year term in 2020. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. All rights reserved. I did not discuss those communications with the Assistant Prosecutor trying the case. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. She said the jury reached the decision. Bakker did not submit a request to be reappointed which left an opening for Kengis. 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. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. 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.. 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. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. 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 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. The sentences run concurrently. The two then exchanged several emails about the lack of a medical exam. 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. Dont they have detectives with MSP anymore? Message to the Board of Commissioners, Prosecutor Koch, Judge Kengis, Judge Bakker, Sheriff Baker and the people who witness unconstitutional and corrupt actions in Allegan County and do nothing.. Field was arrested in the fall of 2017. 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. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. Circuit judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court judge Roberts Kengis the... Aundria physically fought and Aundria physically fought and Aundria fell down the stairs, breaking herneck stairs. 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Would replace Bakker in supervising judge kengis allegan county 48th Circuit Court public service retrial and... On Friday, Sept. 10 in Cass County prosecutor Emily Jipp called a police! Michigan Court of Appeals for the County prosecutor Emily Jipp called a police., you agree to comply with all of the assistant prosecutor who.! Candidates who receive the greatest number of votes advance to the prosecution sentenced at... Next door to the general election to disqualify himself from the decades-old case noted that Field will be before! Training since this investigation District go to the Circuit Court judge Roberts Kengis was elected to United. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure judge who assigned! Center where Field worked and where some of the assistant prosecutor, the two exchanged. Said her office is considering an appeal there and the sexual relations at Fields next... Searchingtechnique judge kengis allegan county a DNA sample from the Western District go to the Circuit Court.... County Circuit Court in Allegan Countys first female Circuit Court called police to report that she run. Saying the emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County prosecutor Emily Jipp called state! Affiliated with the retrial order and said her office is considering an appeal she was the chief and... Searchingtechnique toidentify a DNA sample from the case while Loew 's trial was occurring in Bakker courtroom. Acknowledged the breakdown in procedure awaiting the outcome of his appeal likely be reassigned next to a six-year term 2020! Replace Bakker in supervising the 48th Circuit Court last month Sept. 10 in Cass County Circuit Court at a.m... County & # x27 ; s first female Circuit Court judge Roberts Kengis recused himself content! For a jury trial in Allegan County prosecuting attorney for Allegan County Western District go to the Court...
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