Jan Murray. They claim that Loew did not receive a fair trial. 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 people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. The sentences run concurrently. Honorable Michael L. Buck . Bowman, 72, is charged with her murder. The Michigan Supreme Court is providing the information on this website as a public service. "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. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. The jury found the Defendant guilty based on that evidence. 269-226-5014. craig.chindemi@ascension.org. 3283 122nd Ave. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. 2023 www.hollandsentinel.com. 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 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. Field had been a popular instructor at the college before his dismissal. 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. 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. Bakker was Allegan Countys first female circuit court judge. My office is contemplating an appeal. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. 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 . 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. 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. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. All rights reserved. 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. "We think the court wants to hear and have robust conversations on these issues. 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. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". 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. Jennifer Garcia. 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 half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. 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.. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. 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. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. Allegan, MI 49010 The victim was 13 at the time of the first reported assault. 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. Honorable Roberts A. Kengis . After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. 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 is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 48th Judicial Circuit Court If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 113 Chestnut St. 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. .courts-header { font-size:150%;background-color:#334aab;color:white;} Neither side objected in court to Kengis'decision to recuse himself. ", Koch responded, "They do but not typically for CSCs. SMC completed its investigation in late September 2017 when they fired Field. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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. 2023 www.hollandsentinel.com. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. I will add that this case was decided by a jury based on the evidence presented in the courtroom. Penny Brown . Bakker also asked why the victim in the case had not been given a medical exam. 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. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. All Rights Reserved. Dont they have detectives with MSP anymore?. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. 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. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. "The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. 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.. 100% remote. 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. 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. He replaces Judge Margaret Zuzich Bakker, who served 11 years as chief judge. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. 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 says he hid Aundria's body in a barn on the property and called police to report that she had run away. 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.. Loew currently is free while awaiting the outcome of his appeal. The Michigan Supreme Court made their current appointments to the courts across the state. Rob Kengis. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. 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. 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 case has volleyed around the higher court system after Loew's conviction in August 2019. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. Kengis was the chief prosecuting attorney when. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. The same date Kengis starts as a Circuit Judge. 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. 2023 Advance Local Media LLC. To learn more about judicial selection in Michigan, click here. They have four children. In 2020, Kengis was elected to the circuit court. 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. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. 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. 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. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. 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 two then exchanged several emails about the lack of a medical exam. Is any of the above incorrect? Bakker was immediately appointed chief judge and served 11 years as chief judge. 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. Call, or visit the court's website if listed above. Email news@wzzm13.com, visit our Facebook page or Twitter. Interns wanted: Get paid to help ensure that every voter has unbiased election information. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 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. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. 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 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. Field was arrested in the fall of 2017. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon 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. Dont they have detectives with MSP anymore? Ascension Borgess Allegan Foundation Director . Michigan District Courts Subscribe: Get unlimited access to our local coverage. 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. Community Volunteer . Lynch responded: Thats not the point. 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. The defense said the emails show misconduct. Allegan County Sheriff's Office Sheriff. Cookie Settings/Do Not Sell My Personal Information. 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. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. 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, 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. Circuit Court Judge, Honorable Michael Buck He obtained the emails through a Freedom of Information Act request. 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.. 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. He was elected to a six-year term in 2020. 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. 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. Bakker did not submit a request to be reappointed which left an opening for Kengis. None of the communications were ever intended to influence or provide advice nor did they. In a hearing Thursday, Judge Roberts Kengis alerted the. 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 emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. Download the WZZM 13 app now. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. Soon after election, she was appointed as chief judge, a position she has held for 11 years. "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. 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. Copyright 2023, Wilcox Newspapers. Subscribe:Get unlimited access to our local coverage. Michigan Circuit Court 113 Chestnut Street, Allegan, MI49010 The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. He was sentenced to a minimum 20 years in prison on each charge. Marcia Johnson. 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.. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. Bowman, 72, is charged with her murder. 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. 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