Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. 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.. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. Click here to contact us for media inquiries, and please donate here to support our continued expansion. They claim that Loew did not receive a fair trial. My office is contemplating an appeal. Ascension Borgess Allegan Foundation Director . Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. . (269) 673-0300, Honorable Roberts Kengis Michigan Court of Appeals He replaces Judge Margaret Zuzich Bakker, who served 11 years as chief judge. 2023 Advance Local Media LLC. Loew currently is free while awaiting the outcome of his appeal. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. 113 Chestnut Street, Allegan, MI49010 Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. ", Koch responded, "They do but not typically for CSCs. 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. Jan Murray. This trooper has been given additional personal training since this investigation. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. He obtained the emails through a Freedom of Information Act request. On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 2023 www.hollandsentinel.com. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Lynch responded: Thats not the point. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. In this case, she was comfortable with the agreement. 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. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. The Michigan Supreme Court is providing the information on this website as a public service. None of the communications were ever intended to influence or provide advice nor did they. 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. 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. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. Bowman, 72, is charged with her murder. 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.. 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 defense has not pointed to any ruling showing the judge to be compromised or biased, she said. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. 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. 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. The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. Allegan, MI 49010 269-226-5014. craig.chindemi@ascension.org. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. 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.. Circuit Court Judge, Honorable Michael Buck 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. The people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. Allegan County Sheriff's Office Sheriff. 48th Judicial Circuit Court 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 Community Volunteer . Marcia Johnson. Community Volunteer . Field had been a popular instructor at the college before his dismissal. Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. Koch previously told The Sentinel she never discussed the emails with Jipp. 100% remote. Bakker also asked why the victim in the case had not been given a medical exam. 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 The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. 3283 122nd Ave. Bakker, who remains on the bench, served in the role for 11 years. 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 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. Redistricting Maps Take Affect for 2022 Elections. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. 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. Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Example video title will go here for this video. .courts-header { font-size:150%;background-color:#334aab;color:white;} 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.. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. All rights reserved (About Us). Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. She said the counseling took place there and the sexual relations at Fields home next door to the center. The case has volleyed around the higher court system after Loew's conviction in August 2019. Michigan is one of 43 states that hold elections for judicial positions. Presiding Family Court Judge, Allegan County, Michigan The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker The case likely will be heard in 2023. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. Betty Kortman . Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. 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. "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. Allegan County Circuit Court Judge. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. Allegan, MI 49010, Design By Granicus - Connecting People & Government. The same date Kengis starts as a Circuit Judge. 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. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. Rob Kengis. 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. She became a judge on Jan. 1, 2010. Is any of the above incorrect? Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. He was elected to a six-year term in 2020. 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. Rick Snyder on Wednesday, Feb. 28 . 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. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. 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. 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. Bakker was Allegan Countys first female circuit court judge. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. Bakker was immediately appointed chief judge and served 11 years as chief judge. Jim Wheat, MD. They have four children. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. The case will be reassigned to Judge Margaret Bakker. Dont they have detectives with MSP anymore?. 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. He was sentenced to a minimum 20 years in prison on each charge. The emails were something between idle chat and administrative communication.. 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. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. Subscribe:Get unlimited access to our local coverage. *Not location specific. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. 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. 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 recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. 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. Make it easy to keep up to date with more stories like this. 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. 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. They began investigating and recommended she contact the sheriffs department. 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. In a hearing Thursday, Judge Roberts Kengis alerted the. 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.. 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. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. By using this website, you agree to comply with all of the terms of use . The point is she tried. Interns wanted: Get paid to help ensure that every voter has unbiased election information. The two then exchanged several emails about the lack of a medical exam. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. 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. Copyright 2023, Wilcox Newspapers. 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, who remains on the bench, served in the role for 11. Field was arrested in the fall of 2017. 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. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. 113 Chestnut St. Sarah Leach is editor of The Holland Sentinel. 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. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. 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. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. *Please call to verify. 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. 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. The same date Kengis starts as a Circuit Judge. SMC completed its investigation in late September 2017 when they fired Field. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". Jennifer Garcia. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. .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 Koch and her husband married in 1993. 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 If you purchase a product or register for an account through one of the links on our site, we may receive compensation. YouTubes privacy policy is available here and YouTubes terms of service is available here. 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]. "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. Dont they have detectives with MSP anymore? 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. I did not discuss those communications with the Assistant Prosecutor trying the case. 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. 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 Gov. He was sentenced last November to at least 20 years in prison. 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 did not submit a request to be reappointed which left an opening for Kengis. 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. She said the jury reached the decision. 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. 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. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. 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 . However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. The jury was thereby improperly influenced.. 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 Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. A more recent docket listing may be available from PACER . We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. In a hearing Thursday, Judge Roberts Kengis alerted the attorneys tohis history with the case. Current prosecutor, Roberts Kengis recused himself because he was convicted of five of! 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