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. 113 Chestnut Street, Allegan, MI49010 Apply today! 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 The same date Kengis starts as a Circuit Judge. 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.. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. .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 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. Koch previously told The Sentinel she never discussed the emails with Jipp. To learn more about judicial selection in Michigan, click here. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. 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. 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. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. The same date Kengis starts as a Circuit Judge. The emails were something between idle chat and administrative communication.. ", Koch responded, "They do but not typically for CSCs. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. He is being convicted of multiple sex offenses which will impact his getting teaching or counseling positions in the future., Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to email a link to a friend (Opens in new window), Pokagon Band celebrates Four Winds South Bend hotel expansion, Chamber of Commerce welcomes real estate firm to downtown Dowagiac, School safety gains, FFA students highlighted at Cassopolis Board of Education meeting, 2nd & Main coffeehouse opens in downtown Niles. He was sentenced last November to at least 20 years in prison. The victim was 13 at the time of the first reported assault. 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. Dont they have detectives with MSP anymore?. *Not location specific. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 57th District Court Honorable Joseph S . 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. 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. Honorable Michael L. Buck . "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.". This county is outside of that coverage scope and does not receive scheduled updates. Michigan Court of Appeals 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. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. Cookie Settings/Do Not Sell My Personal Information. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. Please enable JavaScript in your browser for a better user experience. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. While he was a prosecutorinthe Allegan County Prosecutor's Office, he participated in discussions about the unsolved disappearance of Aundria Bowman with the Allegan County Sheriff's Office and a cold-case panel of other prosecutors and detectives in Lansing. 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.. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years after "an extensive review process," according to the State Court Administrative Office. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. 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. 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. 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. Kengis was the chief prosecuting attorney when. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. 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 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 Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? 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. The two then exchanged several emails about the lack of a medical exam. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon Make it easy to keep up to date with more stories like this. Montenegro said the agreement calls for Field to be sentenced to a term of probation, a county jail sentence not to exceed one year and no requirement to register as a sex offender. 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. 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. 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.. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. "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 people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. 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. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. Ascension Borgess Allegan Foundation Director . 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 emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". 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.. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. If you would like to help our coverage scope grow, consider donating to Ballotpedia. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. In a hearing Thursday, Judge Roberts Kengis alerted the attorneys tohis history with the case. Bakker did not submit a request to be reappointed which left an opening for Kengis. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. 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. Jury trials routinely require two to three days to decide amidst other . The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. 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. Penny Brown . His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. "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. 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. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Gov. 100% remote. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Allegan, MI 49010 Michigan is one of 43 states that hold elections for judicial positions. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. 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. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. 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 case likely will be heard in 2023. Marcia Johnson. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Interns wanted: Get paid to help ensure that every voter has unbiased election information. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. Honorable Roberts A. Kengis . Bakker also asked why the victim in the case had not been given a medical exam. .courts-header { font-size:150%;background-color:#334aab;color:white;} 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 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. JUDGES OF MICHIGAN . 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. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. Rob Kengis. Lynch responded: Thats not the point. My office is contemplating an appeal. 2023 Advance Local Media LLC. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. The same date Kengis starts as a Circuit Judge. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. 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. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. They began investigating and recommended she contact the sheriffs department. Copyright 2023, Wilcox Newspapers. YouTubes privacy policy is available here and YouTubes terms of service is available here. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. All Rights Reserved. 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. 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.. Is any of the above incorrect? Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. They claim that Loew did not receive a fair trial. 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 case was tried by assistant prosecuting attorney Emily Jipp. 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. 3283 122nd Ave. Call, or visit the court's website if listed above. He replaces Judge Margaret Zuzich Bakker, who served 11 years as chief judge. The appeal was heard by Allegan County District Judge William Baillargeon. Bowman, 72, is charged with her murder. Villar, a private practice attorney, later lost the electionby a handful of votes. Community Volunteer . Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. The jury was thereby improperly influenced.. Sarah Leach is editor of The Holland Sentinel. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. Jennifer Garcia. 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; } Neither side objected in court to Kengis'decision to recuse himself. In 2020, Kengis was elected to the circuit court. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. 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 . 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, who remains on the bench, served in the role for 11 years. Example video title will go here for this video. 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. 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. 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. Bakker was immediately appointed chief judge and served 11 years as chief judge. ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. Michigan Circuit Court The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. He was sentenced to a minimum 20 years in prison on each charge. Cheshire Hills Golf Course . 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. non-substantive) matters.". 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. Rick Snyder on Wednesday, Feb. 28 . 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. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. None of the communications were ever intended to influence or provide advice nor did they. I did not discuss those communications with the Assistant Prosecutor trying the case. 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 Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. Click here to contact our editorial staff, and click here to report an error. 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. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. Bakker was Allegan Countys first female circuit court judge. 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. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. If any of these apply to you, contact the court to verify they observe the exemption. 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. Allegan County Sheriff's Office Sheriff. She said the counseling took place there and the sexual relations at Fields home next door to the center. They have four children. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. The point is she tried. All rights reserved. Friday, Judge Kengis kept Fields bond the same. Subscribe:Get unlimited access to our local coverage. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. 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. 2023 www.hollandsentinel.com. Allegan County Circuit Court Judge. 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. A more recent docket listing may be available from PACER . 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. Michigan District Courts In the same order appointing Kengis, the Court also reappointed Judge Michael Buck to chief probate court judge for Allegan County and Judge Joseph Skocelas to chief judge of the 57th District Court. The sentences run concurrently. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. Michigan state received her JD from Thomas M. Cooley Law School in 1999 trial occurring... 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