"The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. Friday, Judge Kengis kept Fields bond the same. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. In this case, she was comfortable with the agreement. The Michigan Supreme Court is providing the information on this website as a public service. 113 Chestnut Street, Allegan, MI49010 On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Bakker was Allegan County's first female circuit court judge. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. 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. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. 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. 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. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. Is any of the above incorrect? Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. Redistricting Maps Take Affect for 2022 Elections. 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. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. Call, or visit the court's website if listed above. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. None of the communications were ever intended to influence or provide advice nor did they. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. 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. Allegan, MI 49010 3283 122nd Ave. Allegan County Circuit Court Judge. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. 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. 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. 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.. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. 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. 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]. The case was tried by assistant prosecuting attorney Emily Jipp. 269-226-5014. craig.chindemi@ascension.org. 57th District Court Honorable Joseph S . Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. "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.". Ascension Borgess Allegan Foundation Director . The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. 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. "We think the court wants to hear and have robust conversations on these issues. The same date Kengis starts as a Circuit Judge. 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. Betty Kortman . George Field, 60, of Dowagiac, had been scheduled to face trial starting Monday in Cass County Circuit Court on 17 criminal sexual conduct, insurance fraud and perjury charges. Allegan County will soon have a new Prosecuting Attorney. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 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. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. Bakker also asked why the victim in the case had not been given a medical exam. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. Villar, a private practice attorney, later lost the electionby a handful of votes. 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. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. Bowman, 72, is charged with her murder. Michigan is one of 43 states that hold elections for judicial positions. 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 submit a request to be reappointed which left an opening for Kengis. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. 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. 2023 www.hollandsentinel.com. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. *Please call to verify. "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. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. 113 Chestnut St. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. 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.. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Kengis was the chief prosecuting attorney when. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. 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. All Rights Reserved. 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. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. 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 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. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Neither side objected in court to Kengis'decision to recuse himself. 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. The point is she tried. Example video title will go here for this video. They claim that Loew did not receive a fair trial. 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 Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. 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. 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. The case has volleyed around the higher court system after Loew's conviction in August 2019. Penny Brown . 48th Judicial Circuit Court In a hearing Thursday, Judge Roberts Kengis alerted the. 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 same date Kengis starts as a Circuit Judge. Bakker was immediately appointed chief judge and served 11 years as chief judge. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. 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. Community Rules apply to all content you upload or otherwise submit to this site. Have a news tip? Loew currently is free while awaiting the outcome of his appeal. He was sentenced to a minimum 20 years in prison on each charge. Michigan Circuit Court Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. Copyright 2023, Wilcox Newspapers. All rights reserved (About Us). Interns wanted: Get paid to help ensure that every voter has unbiased election information. Hours: Open Weekdays 9:00 AM - 5:00 PM http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. Soon after election, she was appointed as chief judge, a position she has held for 11 years. The jury found the Defendant guilty based on that evidence. Circuit Court Judge, Honorable Michael Buck Dont they have detectives with MSP anymore?. 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. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. He was elected to a six-year term in 2020. 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. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. Rob Kengis. My office is contemplating an appeal. In 2020, Kengis was elected to the circuit court. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. The emails were something between idle chat and administrative communication.. This trooper has been given additional personal training since this investigation. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. 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 a hearing Thursday, Judge Roberts Kengis alerted the attorneys tohis history with the case. 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). Field had been a popular instructor at the college before his dismissal. Presiding Family Court Judge, Allegan County, Michigan Jan Murray. Make it easy to keep up to date with more stories like this. "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 chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. A more recent docket listing may be available from PACER . Community Volunteer . Cookie Settings/Do Not Sell My Personal Information. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. If any of these apply to you, contact the court to verify they observe the exemption. Honorable Roberts A. Kengis . The victim was 13 at the time of the first reported assault. 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. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. Bakker was Allegan Countys first female circuit court judge. The case will be reassigned to Judge Margaret Bakker. They have four children. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. 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. 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; } Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. The case likely will be heard in 2023. The people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. 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