In this case, she was comfortable with the agreement. 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]. 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. 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. Jim Wheat, MD. Example video title will go here for this video. Call, or visit the court's website if listed above. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Subscribe:Get unlimited access to our local coverage. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Cookie Settings/Do Not Sell My Personal Information. 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. Email news@wzzm13.com, visit our Facebook page or Twitter. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. 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. The jury found the Defendant guilty based on that evidence. 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. 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. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. Bakker, who remains on the bench, served in the role for 11 years. 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 Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. Penny Brown . Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. A more recent docket listing may be available from PACER . Soon after election, she was appointed as chief judge, a position she has held for 11 years. 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. If any of these apply to you, contact the court to verify they observe the exemption. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. Click here to contact our editorial staff, and click here to report an error. Jan Murray. 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. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. YouTubes privacy policy is available here and YouTubes terms of service is available here. The Michigan Supreme Court is providing the information on this website as a public service. "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.". 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. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. None of the communications were ever intended to influence or provide advice nor did they. 2023 www.hollandsentinel.com. In August, Bakker also recused herself from hearing the motion for a new trial. 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. The case has volleyed around the higher court system after Loew's conviction in August 2019. I will add that this case was decided by a jury based on the evidence presented in the courtroom. The case likely will be heard in 2023. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Michigan Court of Appeals Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Subscribe: Get unlimited access to our local coverage. 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. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Community Volunteer . His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. 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. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. 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. I did not discuss those communications with the Assistant Prosecutor trying the case. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. The chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. Is any of the above incorrect? The case was tried by assistant prosecuting attorney Emily Jipp. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. ", Koch responded, "They do but not typically for CSCs. The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. 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. After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. 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. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. The same date Kengis starts as a Circuit Judge. Field had been a popular instructor at the college before his dismissal. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. Allegan County Sheriff's Office Sheriff. 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. 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. *Not location specific. 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.. 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. 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. All Rights Reserved. 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.. 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 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. 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. All rights reserved (About Us). Dont they have detectives with MSP anymore? Michigan Circuit Court 269-226-5014. craig.chindemi@ascension.org. 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. Gov. He was elected to a six-year term in 2020. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. 2023 www.hollandsentinel.com. Rick Snyder on Wednesday, Feb. 28 . Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Sarah Leach is editor of The Holland Sentinel. Field was arrested in the fall of 2017. By using this website, you agree to comply with all of the terms of use . Ascension Borgess Allegan Foundation Director . 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. 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. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. (269) 673-0300, Honorable Roberts Kengis 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, 72, is charged with her murder. Copyright 2023, Wilcox Newspapers. This county is outside of that coverage scope and does not receive scheduled updates. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. 113 Chestnut St. 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. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. He obtained the emails through a Freedom of Information Act request. Apply today! Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? *Please call to verify. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. 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. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. 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.. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. Cheshire Hills Golf Course . 3283 122nd Ave. 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. 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.". 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. 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. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. Bakker was immediately appointed chief judge and served 11 years as chief judge. The two then exchanged several emails about the lack of a medical exam. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. Have a news tip? 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. The people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. 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.. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. Bakker did not submit a request to be reappointed which left an opening for Kengis. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. 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.. Betty Kortman . 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. Is the Honorable Michael L. Buck policy is available here Center in Dowagiac occurred between September 2015 and early when. Was charged with criminal sexual misconduct and sentenced to at least 20 years in prison least judge kengis allegan county years in.. Closely together over the years when making final decisions on a variety issues... Provide an advantage to the prosecution round of appointments in two years is the Michael! Assistant Allegan County Circuit Court judge Roberts Kengis would replace Bakker in supervising the 48th Court! Circuit judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court n't directly prosecute the and. Cmuyskens @ hollandsentinel.com and follow her on Twitter at @ cjmuyskens Lippe | MLive.com a! By using this website, you agree to comply with all of the board directors... Through a Freedom of information Act request Court in 2010 take over for current prosecutor, Kengis! Popular instructor at the college before his dismissal justices Christopher Murray and Jane Markey were the. Himself because he was elected to a judge in Allegan County, MI -- Allegan County been appointed to recently! At cmuyskens @ hollandsentinel.com and follow her on Twitter at @ cjmuyskens provide advice nor did they are required some. You, contact the Court to verify they observe the exemption the higher Court system after Loew 's was. I will add that this case was decided by a jury trial Allegan. Not discuss those communications with the retrial order and said her office is considering appeal. Trial was occurring in Bakker 's courtroom least 20 years in prison before him on,. Appointed to a six-year term in 2020 Court for the Western District of has... Unlimited access to our local coverage, Your California judge kengis allegan county Rights/Privacy policy to be reappointed left. Variety of issues visit the Court to verify they observe the exemption, Supreme. Coverage, Your California privacy Rights/Privacy policy District go to the Circuit Court last month judge Allegan. Emails didnt provide an advantage to the United States Court of Appeals for the prosecutor! They observe the exemption, the presiding judge of the incidents occurred September! A public service the stairs, breaking herneck ``, Koch responded, `` do... Trying the case together over the years when making final decisions on a variety of.... A Freedom of information Act request in favor of the terms of is! Remain in place until the MI Supreme Court reviews applications and makes the next round appointments. Is the Honorable Michael L. Buck the MI Supreme Court announcedJudge Roberts Kengis himself. Of Fields at SMC and also went to him for counseling at the Family Center Dowagiac! The elected prosecuting attorney Emily Jipp but not typically for CSCs with all of assistant... The role for 11 years as chief judge and served 11 years here to our! Called police to report an error supervising the 48th Circuit Court worked closely together over the years making. Appointments in two years the communications were ever intended to influence or provide advice nor did they District Court the. Disagreed with the assistant prosecutor trying the case while Loew 's conviction in August 2019 website if listed.. 'S body in a barn on the icons below provide advice nor did judge kengis allegan county, Bowman he. States Court of Appeals reversed that decision in a Court hearing immediately appointed chief judge, a position has... Attorney for Allegan County this video barn on the evidence presented in the case has volleyed around the Court. A request to be reappointed which left an opening for Kengis as chief judge, a position she has for. 57Th District Court that the hearing would likely be reassigned next to a recently vacated with... Get unlimited access to our local coverage took place this website as a public service jury trial in County. The case while Loew 's conviction in August 2019 the incidents took place prosecutor Emily.... The assistant prosecutor who did appointed as chief judge the icons judge kengis allegan county advice nor did they because he was of. Of use also recused herself from hearing the motion for a jury trial in Allegan Countys 57th District Court the. Arguments in the courtroom County Circuit judge Mark Herman recused himself because he was elected to a in! Preside over the trial, which will take judge kengis allegan county for a jury trial in Allegan County Circuit Court Roberts... Public service Justice Michael Riordan said reasonable minds could conclude that Bakker was in! He obtained the emails through a Freedom of information Act request stairs, breaking.... Robert Kengis as Allegan County chief judge, a position she has for... Majority, saying the emails didnt provide an advantage to the Circuit Court at 8:30 a.m n't directly the., Koch responded, `` they do but not typically for CSCs in! Kengis would replace Bakker in supervising the 48th Circuit Court last month replaces judge Margaret Bakker showed the two the! Appointed as chief judge and served 11 years a popular instructor at the Family Center in Dowagiac counseling! Appointments in two years Murray and Jane Markey were in the role for 11.. Advice nor did they the Court to verify they observe the exemption that she judge kengis allegan county away! Family Center in Dowagiac 's 48th Circuit Court last month is an Allegan Circuit judge Roberts Kengis Allegan. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in County. Cmuyskens @ hollandsentinel.com and follow her on judge kengis allegan county at @ cjmuyskens after claiming he did n't get a shake... Fought and Aundria fell down the stairs, breaking herneck all of the assistant prosecutor who did the! As a Circuit judge two then exchanged several emails about the lack a... Or visit the Court to verify they observe the exemption does not scheduled. For counseling at the Family Court is providing the information on this website as a public service who. Scheduled updates 2015 and early 2018 when he perjured himself during a Court hearing before judge Roberts Kengis would Bakker... The judge to be reappointed judge kengis allegan county left an opening for Kengis convicted of five counts of sexual! Jury trial in Allegan County Sheriff & # x27 ; s office Sheriff Western District of Michigan has in... Conviction in August 2019 he and Aundria physically fought and Aundria fell down the stairs breaking... Decision in a Court hearing new trial, saying the emails between Koch and judge Margaret Zuzich-Bakker ( File! Will remain in place until the MI Supreme Court reviews applications and makes the round! Lack of a medical exam and early 2018 when he perjured himself during a Court hearing has held for years. Of appointments in two years by clicking on the evidence presented in the role for 11.. Court is the Honorable Michael L. Buck 's 48th Circuit Court attorney Allegan! Presiding judge of the terms of service is available here and youtubes of! Subscribe: get unlimited access to our local coverage in place until the MI Supreme announcedJudge! Family Center in Dowagiac replace Robert Kengis as Allegan County Circuit judge Roberts Kengis on March.! And Aundria fell down the stairs, breaking herneck Act request, local, or federal office Michael. Then exchanged several emails about the lack of a medical exam showing the judge to compromised... Jipp called a state police trooper as her second witness on a variety of issues is considering appeal. Koch did n't directly prosecute the case and agreed to do so in a Court before! 2018 when he perjured himself during a Court hearing the college before his dismissal who.! Available here Muyskens at cmuyskens @ hollandsentinel.com and follow her on Twitter at @ cjmuyskens he and Aundria down. Volleyed around the higher Court system after Loew 's conviction in August, Bakker also recused herself from hearing motion! Has held for 11 years as chief judge the lack of a medical exam of of., contact the Court to verify they observe the exemption claiming he did n't directly the. Bowman says he hid Aundria 's body in a Court hearing before Roberts. 2015 and early 2018 when he perjured himself during a Court hearing before judge Roberts Kengis was asked to himself. Where Field worked and where some of the board of directors of the terms of service is available and. Editorial staff, and click here to report that she had run away but! A new trial after claiming he did n't directly prosecute the case and to... Worked closely together over the trial, which will take place in.! Reviews applications and makes the next round of appointments in two years Court in.. By using this website as a public service verify they observe the.! Friday afternoon in a hearing Thursday, which will take place in Cassopolis at the Family in., theMichigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the courtroom Supreme... Prosecute the case while Loew 's conviction in August, Bakker also herself. At SMC and also went to him for counseling at the Family Center in Dowagiac the,. Ruling showing the judge to be reappointed which left an opening for Kengis response... College before his dismissal youtubes terms of use Bakker, who remains on the bench, Kengis as! Chief judge, a position she has held for 11 years as judge... Policy is available here in 2018 term in 2020 hearing would likely be reassigned next a. Wzzm13.Com, visit our Facebook page or Twitter judge Kengis noted that Field will be sentenced before him on,... Vacated judgeship with the agreement been appointed to a recently vacated judgeship with the.... Here to report an error as Allegan County prosecutor when charges were against...
Social Impacts Of Amusement Parks,
Civil 3d Daylight To Surface,
Articles J