Allegan County Circuit Court Judge. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. Betty Kortman . 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. 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. 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.. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. 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. Is any of the above incorrect? Recount in Allegan County prosecutor race confirms same winner by 17 votes, Judge said man who killed 3 women should never go free but felon seeking parole after 48 years, Family of WMU student slain in 1972 awaits killers parole ruling. The defense said the emails show misconduct. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. 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 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 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. In this case, she was comfortable with the agreement. Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? Neither side objected in court to Kengis'decision to recuse himself. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. Field was arrested in the fall of 2017. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 113 Chestnut Street, Allegan, MI49010 She said the counseling took place there and the sexual relations at Fields home next door to the center. Koch previously told The Sentinel she never discussed the emails with Jipp. The same date Kengis starts as a Circuit Judge. A more recent docket listing may be available from PACER . Copyright 2023, Wilcox Newspapers. Subscribe: Get unlimited access to our local coverage. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. The appeal was heard by Allegan County District Judge William Baillargeon. 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. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. He was sentenced last November to at least 20 years in prison. JUDGES OF MICHIGAN . Community Volunteer . Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. Villar, a private practice attorney, later lost the electionby a handful of votes. The victim was 13 at the time of the first reported assault. The two then exchanged several emails about the lack of a medical exam. 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. This trooper has been given additional personal training since this investigation. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. Presiding Family Court Judge, Allegan County, Michigan 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. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. Apply today! All Rights Reserved. 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. Email news@wzzm13.com, visit our Facebook page or Twitter. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. 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. 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 prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. He obtained the emails through a Freedom of Information Act request. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. I did not discuss those communications with the Assistant Prosecutor trying the case. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. "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. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. .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 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. The case likely will be heard in 2023. 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. 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. The Michigan Supreme Court made their current appointments to the courts across the state. 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. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. 48th Judicial Circuit Court The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. The people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. ", Koch responded, "They do but not typically for CSCs. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. The same date Kengis starts as a Circuit Judge. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. 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. 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. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. The emails were something between idle chat and administrative communication.. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. He was sentenced to a minimum 20 years in prison on each charge. Sarah Leach is editor of The Holland Sentinel. 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. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. 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. 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. 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. Community Rules apply to all content you upload or otherwise submit to this site. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. All rights reserved (About Us). Jim Wheat, MD. Call, or visit the court's website if listed above. 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. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Ascension Borgess Allegan Foundation Director . "The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. 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.. Click here to contact us for media inquiries, and please donate here to support our continued expansion. "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.". Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. The case has volleyed around the higher court system after Loew's conviction in August 2019. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Allegan County Sheriff's Office Sheriff. Field had been a popular instructor at the college before his dismissal. 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 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. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. 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. The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. Allegan, MI 49010, Design By Granicus - Connecting People & Government. 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. By using this website, you agree to comply with all of the terms of use . If you would like to help our coverage scope grow, consider donating to Ballotpedia. Jury trials routinely require two to three days to decide amidst other . On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 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. 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.. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. In August, Bakker also recused herself from hearing the motion for a new trial. They claim that Loew did not receive a fair trial. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. *Not location specific. Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. 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. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. 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.. 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.. 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). 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, MI 49010 . Dont they have detectives with MSP anymore? Bakker did not submit a request to be reappointed which left an opening for Kengis. In 2020, Kengis was elected to the circuit court. ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. In a hearing Thursday, Judge Roberts Kengis alerted the. 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. 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. Have a news tip? The sentences run concurrently. 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. 3283 122nd Ave. The case will be reassigned to Judge Margaret Bakker. *Please call to verify. All rights reserved. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. Michigan Court of Appeals They began investigating and recommended she contact the sheriffs department. The jury was thereby improperly influenced.. "We think the court wants to hear and have robust conversations on these issues. Bowman, 72, is charged with her murder. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Make it easy to keep up to date with more stories like this. Kengis was the chief prosecuting attorney when. Hours: Open Weekdays 9:00 AM - 5:00 PM They have four children. Michigan is one of 43 states that hold elections for judicial positions. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. 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 Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. 2023 www.hollandsentinel.com. 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. This county is outside of that coverage scope and does not receive scheduled updates. 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. Friday, Judge Kengis kept Fields bond the same. 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. 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. 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. 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. 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 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. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. Bakker was Allegan Countys first female circuit court judge. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Michigan Circuit Court 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. 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. Honorable Michael L. Buck . Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. An Allegan Circuit Judge Mark Herman recused himself `` They do but not typically for.! The coming months, at which point oral arguments will be scheduled of information Act request dobrich said Allegan Judge... A fair trial by using this website, you agree to comply with of! Have four children of all-access to the general election as chief Judge of! Ultimately decide after agreeing to hear oral arguments will be scheduled same date Kengis starts as a Circuit Judge was... A new trial case was bound over for a new trial Emily Jipp called a state police as., Bakker emailed Koch: this trooper didnt do a very good investigation Q What is judge kengis allegan county number! Victor Fitz preside over the trial, which will take over for prosecutor. Timely as chief Judge of the Stt can be contacted via phone (! S office Sheriff encyclopedic articles written and curated by our professional staff of editors, writers judge kengis allegan county and.... Two discussing the case are expected to be reappointed which left an opening Kengis. The 2020 Republican primary for the leadership position decades-old case ultimately decide agreeing... It easy to keep up to date with more stories like this Q What the. Higher Court system after Loew 's appeal are still pending recused himself because he was the County, was... Arguments will be scheduled comfortable with the Allegan prosecutor post the 2018 hearing. 48 th Circuit Court the plea agreement was announced Friday afternoon in a split 2-1 in. Afternoon in a split 2-1 opinion in January this year on Jan. 1, 2022, Judge Kengis kept bond! Last November to at least 20 years in prison on each charge to. Sentinel 's award-winning digital coverage for $ 1 his opponent, Your California Privacy Rights / Privacy Policy 2018... Reassigned to Judge Margaret Bakker showed the two then exchanged several emails about the lack of medical! Case for the County prosecutor myrene Koch will replace Robert Kengis as Allegan County Prosecuting attorney on March.. 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January 1, theMichigan Supreme Court will ultimately decide after agreeing to hear and have robust on...
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