She said the jury reached the decision. 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 Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? Honorable Roberts A. Kengis . "The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. Example video title will go here for this video. 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 Community Volunteer . Jan Murray. "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.". Click here to contact us for media inquiries, and please donate here to support our continued expansion. 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. 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. 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. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. 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. Is any of the above incorrect? Rick Snyder on Wednesday, Feb. 28 . Ascension Borgess Allegan Foundation Director . Jennifer Garcia. 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. JUDGES OF MICHIGAN . The Michigan Supreme Court made their current appointments to the courts across the state. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. 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]. Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. Rob Kengis. Michigan Circuit Court *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. non-substantive) matters.". In a hearing Thursday, Judge Roberts Kengis alerted the attorneys tohis history with the case. 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. 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. The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. He was sentenced last November to at least 20 years in prison. The jury found the Defendant guilty based on that evidence. 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.. 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. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. Judges Elections Allegan County, Michigan Circuit Court 48th Circuit Court, Michigan Margaret Bakker (Chief judge) Kevin W. Cronin [1] District Court Michigan Fifty-seventh Judicial District Court William Baillargeon (Chief judge) Joseph S. Skocelas [2] Probate Court Allegan County Probate Court, Michigan Michael L. Buck [3] See also 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 . We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. All rights reserved (About Us). [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. 57th District Court Honorable Joseph S . Neither side objected in court to Kengis'decision to recuse himself. Marcia Johnson. Michigan District Courts Apply today! 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. 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. In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. 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. He obtained the emails through a Freedom of Information Act request. 113 Chestnut St. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. SMC completed its investigation in late September 2017 when they fired Field. 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. 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. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. The case was tried by assistant prosecuting attorney Emily Jipp. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. Make it easy to keep up to date with more stories like this. 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. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. Dont they have detectives with MSP anymore? 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; } ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. Dont they have detectives with MSP anymore?. 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. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. Bakker was Allegan County's first female circuit court judge. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. Field had been a popular instructor at the college before his dismissal. 269-226-5014. craig.chindemi@ascension.org. 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.. All rights reserved. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. By using this website, you agree to comply with all of the terms of use . 100% remote. 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. 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 communications provided nothing of any tactical use to the prosecution, even if Defendant had been able to show Ms. Jipp was aware of them. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. Koch and her husband married in 1993. 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. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. The victim was 13 at the time of the first reported assault. Call, or visit the court's website if listed above. 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. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. 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.. 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. The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. 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. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. The same date Kengis starts as a Circuit Judge. The same date Kengis starts as a Circuit Judge. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. I will add that this case was decided by a jury based on the evidence presented in the courtroom. Gov. 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 appeal was heard by Allegan County District Judge William Baillargeon. .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 Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. 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. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. 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. Cookie Settings/Do Not Sell My Personal Information. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. 2023 www.hollandsentinel.com. 3283 122nd Ave. YouTubes privacy policy is available here and YouTubes terms of service is available here. 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. 48th Judicial Circuit Court 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. Hours: Open Weekdays 9:00 AM - 5:00 PM Penny Brown . Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. 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. The defense said the emails show misconduct. 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. All rights reserved. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker Bowman, 72, is charged with her murder. Lynch responded: Thats not the point. 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. 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. 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.. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. This county is outside of that coverage scope and does not receive scheduled updates. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. Community Rules apply to all content you upload or otherwise submit to this site. Betty Kortman . Sarah Leach is editor of The Holland Sentinel. "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 case likely will be heard in 2023. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. Bakker did not submit a request to be reappointed which left an opening for Kengis. My office is contemplating an appeal. Bowman, 72, is charged with her murder. After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. A more recent docket listing may be available from PACER . Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. Redistricting Maps Take Affect for 2022 Elections. The two then exchanged several emails about the lack of a medical exam. Jim Wheat, MD. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Bakker did not apply for reappointment in this appointment cycle, circuit court administrator Jennifer Brink said, and supported Kengis's application for chief judge in a letter to the Michigan Supreme Court. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. 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