ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. In August, Bakker also recused herself from hearing the motion for a new trial. The case was tried by assistant prosecuting attorney Emily Jipp. 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. 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 County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. 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. The same date Kengis starts as a Circuit Judge. 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. Redistricting Maps Take Affect for 2022 Elections. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. None of the communications were ever intended to influence or provide advice nor did they. Rick Snyder on Wednesday, Feb. 28 . The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. 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. They began investigating and recommended she contact the sheriffs department. 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. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. Michigan Circuit Court The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. Kengis was the chief prosecuting attorney when. Cookie Settings/Do Not Sell My Personal Information. 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. The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. The emails were something between idle chat and administrative communication.. I will add that this case was decided by a jury based on the evidence presented in the courtroom. . 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; } 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.. Marcia Johnson. 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 . Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. 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. Please enable JavaScript in your browser for a better user experience. 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. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. Make it easy to keep up to date with more stories like this. Apply today! Field was arrested in the fall of 2017. 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. 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. Community Rules apply to all content you upload or otherwise submit to this site. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. Under the plea agreement announced by Chief Assistant Prosecutor Tiffiny Montenegro and defense attorney James Miller, Field will plead no contest to three counts of attempted aggravated indecent exposure, one count of perjury, one count of unauthorized practice of a health profession, one count of health care fraud and one count of possession of marijuana. The case will be reassigned to Judge Margaret Bakker. Copyright 2023, Wilcox Newspapers. The jury was thereby improperly influenced.. 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. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. 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. Koch said in an email to MLive: "While I respect Judge Baillargeon, I disagree with the basis of his decision in granting a new trial. Honorable Roberts A. Kengis . According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. 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. This county is outside of that coverage scope and does not receive scheduled updates. Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? 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. Loew currently is free while awaiting the outcome of his appeal. In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. Judge Kengis handles all the case types that are dealt with in circuit court: criminal felonies, civil cases with a value over $25,000.00, divorce, custody, and paternity cases, personal protection order cases, child protective proceedings, guardianships, adoptions, and appeals from district court and administrative bodies. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker
Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. Community Volunteer . His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. .courts-header { font-size:150%;background-color:#334aab;color:white;} 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. Koch previously told The Sentinel she never discussed the emails with Jipp. Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. Michigan Court of Appeals Allegan County Sheriff's Office Sheriff. All rights reserved. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. 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. 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. Call, or visit the court's website if listed above. The appeal was heard by Allegan County District Judge William Baillargeon. 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. 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.. 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 recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. 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. Koch and her husband married in 1993. He was sentenced to a minimum 20 years in prison on each charge. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. In the motion for a new trial, the Defense team did not allege nor did the Judge cite any actual bias or impact on the integrity of the trial based on those communications.. Michigan is one of 43 states that hold elections for judicial positions. The jury found the Defendant guilty based on that evidence. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. JUDGES OF MICHIGAN . Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. 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. Allegan, MI 49010, Design By Granicus - Connecting People & Government. "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.". Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. All Rights Reserved. Friday, Judge Kengis kept Fields bond the same. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. YouTubes privacy policy is available here and YouTubes terms of service is available here. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. The sentences run concurrently. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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 prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. "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. Interns wanted: Get paid to help ensure that every voter has unbiased election information. Jennifer Garcia. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. 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. 113 Chestnut St.
Bakker, who remains on the bench, served in the role for 11. 113 Chestnut Street, Allegan, MI49010 This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. 48th Judicial Circuit Court
Subscribe:Get unlimited access to our local coverage. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. 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. The chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. I did not discuss those communications with the Assistant Prosecutor trying the case. 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. He was sentenced last November to at least 20 years in prison. 3283 122nd Ave.
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. ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". 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. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. She became a judge on Jan. 1, 2010. *Not location specific. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Allegan County will soon have a new Prosecuting Attorney. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. Lynch responded: Thats not the point. 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 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. Subscribe: Get unlimited access to our local coverage. Click here to contact our editorial staff, and click here to report an error. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. A more recent docket listing may be available from PACER . His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. Field had been a popular instructor at the college before his dismissal. Michigan District Courts Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. Ascension Borgess Allegan Foundation Director . She said the jury reached the decision. 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. Bowman, 72, is charged with her murder. SMC completed its investigation in late September 2017 when they fired Field. 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. In a hearing Thursday, Judge Roberts Kengis alerted the. Allegan County Circuit Court Judge. Is any of the above incorrect? Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. Jim Wheat, MD. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. 269-226-5014. craig.chindemi@ascension.org. The same date Kengis starts as a Circuit Judge. 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. 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). Bowman, 72, is charged with her murder. 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 Jan Murray. Email news@wzzm13.com, visit our Facebook page or Twitter. Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. 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. Neither side objected in court to Kengis'decision to recuse himself. 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