In a hearing Thursday, Judge Roberts Kengis alerted the. 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. 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. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. 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. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. Bowman, 72, is charged with her murder. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. The victim was 13 at the time of the first reported assault. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. 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. Circuit Court Judge, Honorable Michael Buck 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. "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 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. 2023 Advance Local Media LLC. Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? 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; } Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. He was sentenced last November to at least 20 years in prison. The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Allegan County Sheriff's Office Sheriff. Jury trials routinely require two to three days to decide amidst other . Koch and her husband married in 1993. 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 case was tried by assistant prosecuting attorney Emily Jipp. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. They began investigating and recommended she contact the sheriffs department. Honorable Michael L. Buck . The jury was thereby improperly influenced.. 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 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. 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. Bakker was Allegan County's first female circuit court 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.. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. The jury found the Defendant guilty based on that evidence. 2023 www.hollandsentinel.com. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Call, or visit the court's website if listed above. 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.. Presiding Family Court Judge, Allegan County, Michigan Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. 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. Kengis was the chief prosecuting attorney when. This trooper has been given additional personal training since this investigation. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon Redistricting Maps Take Affect for 2022 Elections. 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. 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. 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. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Email news@wzzm13.com, visit our Facebook page or Twitter. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. Michigan Court of Appeals Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. Bakker also asked why the victim in the case had not been given a medical exam. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. 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.. Sarah Leach is editor of The Holland Sentinel. 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. After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. The 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. SMC completed its investigation in late September 2017 when they fired Field. 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. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Ascension Borgess Allegan Foundation Director . The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The emails were something between idle chat and administrative communication.. 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. 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. 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 previously told The Sentinel she never discussed the emails with Jipp. The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. This county is outside of that coverage scope and does not receive scheduled updates. 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. *Not location specific. ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? Subscribe: Get unlimited access to our local coverage. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. Cheshire Hills Golf Course . Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. The same date Kengis starts as a Circuit Judge. 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. If any of these apply to you, contact the court to verify they observe the exemption. 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]. 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. 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. Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. Have a news tip? In August, Bakker also recused herself from hearing the motion for a new trial. 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 ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". 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. Interns wanted: Get paid to help ensure that every voter has unbiased election information. The case likely will be heard in 2023. 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. "We think the court wants to hear and have robust conversations on these issues. On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 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. 113 Chestnut Street, Allegan, MI49010 Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. Michigan is one of 43 states that hold elections for judicial positions. "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.". 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. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. Michigan Circuit Court 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. 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.". 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. 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. She said the counseling took place there and the sexual relations at Fields home next door to the center. Marcia Johnson. Bakker was Allegan Countys first female circuit court judge. 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 chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. Download the WZZM 13 app now. JUDGES OF MICHIGAN . 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. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. 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. 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. All rights reserved (About Us). The defense said the emails show misconduct. "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. 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. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. 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. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. 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. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. Jan Murray. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Soon after election, she was appointed as chief judge, a position she has held for 11 years. Allegan County will soon have a new Prosecuting Attorney. None of the communications were ever intended to influence or provide advice nor did they. 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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 Field had been a popular instructor at the college before his dismissal. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. Rick Snyder on Wednesday, Feb. 28 . 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. Cookie Settings/Do Not Sell My Personal Information. They claim that Loew did not receive a fair trial. The same date Kengis starts as a Circuit Judge. All rights reserved. Dont they have detectives with MSP anymore?. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. 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. Bakker did not submit a request to be reappointed which left an opening for Kengis. 113 Chestnut St. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. 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.. 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. 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. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. Bakker, who remains on the bench, served in the role for 11. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. Click here to contact us for media inquiries, and please donate here to support our continued expansion. The Michigan Supreme Court is providing the information on this website as a public service. Is any of the above incorrect? Neither side objected in court to Kengis'decision to recuse himself. Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. 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. 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. Dont they have detectives with MSP anymore? Hours: Open Weekdays 9:00 AM - 5:00 PM The point is she tried. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. I will add that this case was decided by a jury based on the evidence presented in the courtroom. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. The case will be reassigned to Judge Margaret Bakker. Example video title will go here for this video. *Please call to verify. 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