Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. If you would like to help our coverage scope grow, consider donating to Ballotpedia. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. Loew currently is free while awaiting the outcome of his appeal. . 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. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. Gov. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. Allegan County Sheriff's Office Sheriff. Redistricting Maps Take Affect for 2022 Elections. 113 Chestnut Street, Allegan, MI49010 Michigan Circuit Court Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. 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. Michigan is one of 43 states that hold elections for judicial positions. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 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. Presiding Family Court Judge, Allegan County, Michigan
Neither side objected in court to Kengis'decision to recuse himself. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. 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. Bowman, 72, is charged with her murder. 57th District Court Honorable Joseph S . We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. 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. 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.. Copyright 2023, Wilcox Newspapers. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. Field had been a popular instructor at the college before his dismissal. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. 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. 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.. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. SMC completed its investigation in late September 2017 when they fired Field. This trooper has been given additional personal training since this investigation. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. 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The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. Subscribe: Get unlimited access to our local coverage. He was elected to a six-year term in 2020. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. This county is outside of that coverage scope and does not receive scheduled updates. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. 2023 Advance Local Media LLC. 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. Subscribe:Get unlimited access to our local coverage. ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". Honorable Roberts A. Kengis . 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 incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. Bakker did not submit a request to be reappointed which left an opening for Kengis. All rights reserved (About Us). 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. Bakker, who remains on the bench, served in the role for 11. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. ", Koch responded, "They do but not typically for CSCs. Rob Kengis. .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 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. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. She became a judge on Jan. 1, 2010. Apply today! 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. 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. The jury found the Defendant guilty based on that evidence. Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. 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 OF MICHIGAN . If any of these apply to you, contact the court to verify they observe the exemption. The victim was 13 at the time of the first reported assault. Bakker was Allegan Countys first female circuit court judge. "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. Cheshire Hills Golf Course . The jury was thereby improperly influenced.. Michigan District Courts Soon after election, she was appointed as chief judge, a position she has held for 11 years. 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 . Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. 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. 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. 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. The case will be reassigned to Judge Margaret Bakker. Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. Koch and her husband married in 1993. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. Bakker was Allegan County's first female circuit court judge. Click here to contact our editorial staff, and click here to report an error. "The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. A more recent docket listing may be available from PACER . In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. The chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. They claim that Loew did not receive a fair trial. 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. None of the communications were ever intended to influence or provide advice nor did they. They began investigating and recommended she contact the sheriffs department. Jan Murray. YouTubes privacy policy is available here and YouTubes terms of service is available here. The two then exchanged several emails about the lack of a medical exam. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. 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. Friday, Judge Kengis kept Fields bond the same. My office is contemplating an appeal. 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 Attorney Michael Villar, who challenged Koch for her job in the August Republican primary, uncovered the emails in a Freedom of Information Act request. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Jim Wheat, MD. 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. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. Allegan, MI 49010
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. Dont they have detectives with MSP anymore?. All rights reserved. Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? 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. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. 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. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. The same date Kengis starts as a Circuit Judge. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. I did not discuss those communications with the Assistant Prosecutor trying the case. 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. He was sentenced last November to at least 20 years in prison. 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. 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 Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. The defense said the emails show misconduct. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. Dont they have detectives with MSP anymore? Bakker, who remains on the bench, served in the role for 11 years. 48th Judicial Circuit Court
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. 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). Jennifer Garcia. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. 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. 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 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. *Not location specific. 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 Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. 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. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Kengis was the chief prosecuting attorney when. 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. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. Villar lost the primary election in August and a recount of votes conducted last week affirmed Koch! Contact her at sarah.leach @ hollandsentinel.com and follow her on Twitter @ SentinelLeach register for an account through of! 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