To learn more about judicial selection in Michigan, click here. Email news@wzzm13.com, visit our Facebook page or Twitter. SMC completed its investigation in late September 2017 when they fired Field. Field was arrested in the fall of 2017. 57th District Court Honorable Joseph S . The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. 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. Click here to contact us for media inquiries, and please donate here to support our continued expansion. The same date Kengis starts as a Circuit Judge. 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.". If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. 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. 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. 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. 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 emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. 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. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. 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. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. Redistricting Maps Take Affect for 2022 Elections. Jan Murray. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. 2023 Advance Local Media LLC. 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. Michigan Court of Appeals Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. Allegan County Sheriff's Office Sheriff. "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.". Myrene Koch will take over for current prosecutor, Roberts Kengis 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. Sarah Leach is editor of The Holland Sentinel. Loew currently is free while awaiting the outcome of his appeal. 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. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. 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 investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. *Not location specific. She said the jury reached the decision. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. 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. Community Volunteer . The same date Kengis starts as a Circuit Judge. 48th Judicial Circuit Court Allegan County Circuit Court Judge. The Michigan Supreme Court is providing the information on this website as a public service. 2023 www.hollandsentinel.com. Community Volunteer . Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. 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. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. 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. Rick Snyder on Wednesday, Feb. 28 . 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. 113 Chestnut Street, Allegan, MI49010 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. 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. The Michigan Supreme Court made their current appointments to the courts across the state. Jim Wheat, MD. 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 chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. He replaces Judge Margaret Zuzich Bakker, who served 11 years as chief judge. Rob Kengis. Gov. 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.. Michigan is one of 43 states that hold elections for judicial positions. 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. The same date Kengis starts as a Circuit Judge. 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. Subscribe:Get unlimited access to our local coverage. Download the WZZM 13 app now. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. "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. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. 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. In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. The jury found the Defendant guilty based on that evidence. Michigan District Courts Apply today! Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. Marcia Johnson. . Bowman, 72, is charged with her murder. Neither side objected in court to Kengis'decision to recuse himself. .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 Allegan County will soon have a new Prosecuting Attorney. 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. Click here to contact our editorial staff, and click here to report an error. 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 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. 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. 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. The case was tried by assistant prosecuting attorney Emily Jipp. Koch previously told The Sentinel she never discussed the emails with Jipp. 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. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. 100% remote. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. The sentences run concurrently. 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. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. Cookie Settings/Do Not Sell My Personal Information. 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 Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. 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. 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. 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. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon This trooper has been given additional personal training since this investigation. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. 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 emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. Soon after election, she was appointed as chief judge, a position she has held for 11 years. Bakker, who remains on the bench, served in the role for 11 years. 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). Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. ", Koch responded, "They do but not typically for CSCs. 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 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 claim that Loew did not receive a fair trial. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. 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. Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. Kengis was the chief prosecuting attorney when. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker 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. JUDGES OF MICHIGAN . After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. 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 She said the counseling took place there and the sexual relations at Fields home next door to the center. 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 Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Friday, Judge Kengis kept Fields bond the same. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. Interns wanted: Get paid to help ensure that every voter has unbiased election information. 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; } Is any of the above incorrect? Have a news tip? Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. Dont they have detectives with MSP anymore? Make it easy to keep up to date with more stories like this. 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. Presiding Family Court Judge, Allegan County, Michigan 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.. By using this website, you agree to comply with all of the terms of use . Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. 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. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. A more recent docket listing may be available from PACER . 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. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. The victim was 13 at the time of the first reported assault. The emails were something between idle chat and administrative communication.. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. 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. 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 Example video title will go here for this video. He was sentenced last November to at least 20 years in prison. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. 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. 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. Jennifer Garcia. Jury trials routinely require two to three days to decide amidst other . I did not discuss those communications with the Assistant Prosecutor trying the case. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. 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. He obtained the emails through a Freedom of Information Act request. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Villar, a private practice attorney, later lost the electionby a handful of votes. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. 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. 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. Honorable Michael L. Buck . Bakker was Allegan County's first female circuit court judge. This county is outside of that coverage scope and does not receive scheduled updates. Circuit Court Judge, Honorable Michael Buck ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 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 . .courts-header { font-size:150%;background-color:#334aab;color:white;} The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. Bakker did not apply for reappointment in this appointment cycle, circuit court administrator Jennifer Brink said, and supported Kengis's application for chief judge in a letter to the Michigan Supreme Court. The two then exchanged several emails about the lack of a medical exam. Allegan, MI 49010 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. 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.. All rights reserved. Bakker, who remains on the bench, served in the role for 11. Honorable Roberts A. Kengis . Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. I will add that this case was decided by a jury based on the evidence presented in the courtroom. The case will be reassigned to Judge Margaret Bakker. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. 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. 2023 www.hollandsentinel.com. Field had been a popular instructor at the college before his dismissal. All Rights Reserved. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. 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. The Allegan County decisions included the new appointment of the Honorable Roberts A. Kengis as chief justice of the 48 th Circuit Court, and the chief judge reappointment of the Honorable Michael L. Buck to the Allegan County Probate Court and the Honorable Joseph S. Skocelas to the 57 th District Court. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. "The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. 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. 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. *Please call to verify. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Betty Kortman . 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. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. They have four children. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. 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 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.. 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