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The jury was thereby improperly influenced.. All rights reserved (About Us). The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. All rights reserved. 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. The Michigan Supreme Court made their current appointments to the courts across the state. Allegan County Circuit Court Judge. 2023 Advance Local Media LLC. The victim was 13 at the time of the first reported assault. 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. 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. 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. 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.. JUDGES OF MICHIGAN . 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; } The case has volleyed around the higher court system after Loew's conviction in August 2019. Redistricting Maps Take Affect for 2022 Elections. After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. The same date Kengis starts as a Circuit Judge. Click here to contact our editorial staff, and click here to report an error. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Interns wanted: Get paid to help ensure that every voter has unbiased election information. .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 Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. 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. The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. 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 purchase a product or register for an account through one of the links on our site, we may receive compensation. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. Friday, Judge Kengis kept Fields bond the same. .courts-header { font-size:150%;background-color:#334aab;color:white;} Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. 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.. Bakker did not submit a request to be reappointed which left an opening for Kengis. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. Bowman, 72, is charged with her murder. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. In a hearing Thursday, Judge Roberts Kengis alerted the. 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 communications provided nothing of any tactical use to the prosecution, even if Defendant had been able to show Ms. Jipp was aware of them. 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. Michigan Circuit Court Allegan, MI 49010 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. Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Dont they have detectives with MSP anymore?. The defense said the emails show misconduct. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. 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. 269-226-5014. craig.chindemi@ascension.org. 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 two then exchanged several emails about the lack of a medical exam. ", Koch responded, "They do but not typically for CSCs. Allegan County Sheriff's Office Sheriff. Bakker, who remains on the bench, served in the role for 11 years. Dont they have detectives with MSP anymore? Rob Kengis. Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. 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.. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Sarah Leach is editor of The Holland Sentinel. Cheshire Hills Golf Course . Michigan District Courts Community Volunteer . ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. Lynch told The Sentinel on Friday the most recent decision to hear arguments indicates the high court's interest in issues it deems of "significant public concern.". Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. 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. Call, or visit the court's website if listed above. Jim Wheat, MD. They have four children. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. He replaces Judge Margaret Zuzich Bakker, who served 11 years as chief judge. Subscribe:Get unlimited access to our local coverage. The jury found the Defendant guilty based on that evidence. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. 57th District Court Honorable Joseph S . SMC completed its investigation in late September 2017 when they fired Field. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. Community Rules apply to all content you upload or otherwise submit to this site. "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. 100% remote. 113 Chestnut Street, Allegan, MI49010 In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. The point is she tried. 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. 48th Judicial Circuit Court Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Circuit Court Judge, Honorable Michael Buck Bowman, 72, is charged with her murder. non-substantive) matters.". He was elected to a six-year term in 2020. Download the WZZM 13 app now. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. Penny Brown . 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. 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. The same date Kengis starts as a Circuit Judge. She became a judge on Jan. 1, 2010. Please enable JavaScript in your browser for a better user experience. 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. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. 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. My office is contemplating an appeal. Field had been a popular instructor at the college before his dismissal. 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. By using this website, you agree to comply with all of the terms of use . Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. 113 Chestnut St. "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. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. a murder he committed in Norfolk, Virginia, in 1980, Hamilton man pleads guilty to 1980 murder of Virginia woman, Wife: Hamilton man killed their daughter in 1989, dismembered and buried body, Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1, Your California Privacy Rights / Privacy Policy. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. 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. This trooper has been given additional personal training since this investigation. 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. It was after his arrest in November 2019 for Doyle's murder that he began asking to speak to detectives about the circumstances of Aundria'sdeath. 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. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. This county is outside of that coverage scope and does not receive scheduled updates. 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. 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. Marcia Johnson. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. I did not discuss those communications with the Assistant Prosecutor trying the case. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. 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. 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 Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. 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 will be reassigned to Judge Margaret Bakker. He was sentenced last November to at least 20 years in prison. Honorable Michael L. Buck . Hours: Open Weekdays 9:00 AM - 5:00 PM (269) 673-0300, Honorable Roberts Kengis Betty Kortman . 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. 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. The appeal was heard by Allegan County District Judge William Baillargeon. Gov. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon Bakker, who remains on the bench, served in the role for 11. Soon after election, she was appointed as chief judge, a position she has held for 11 years. 2023 www.hollandsentinel.com. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. 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. The same date Kengis starts as a Circuit Judge. 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). 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. 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