. He was sentenced to a minimum 20 years in prison on each charge. Make it easy to keep up to date with more stories like this. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker 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 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. 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. 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. Michigan Court of Appeals The point is she tried. Allegan County Circuit Court Judge. The same date Kengis starts as a Circuit Judge. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. Koch said in an email to MLive: "While I respect Judge Baillargeon, I disagree with the basis of his decision in granting a new trial. Villar, a private practice attorney, later lost the electionby a handful of votes. Rick Snyder on Wednesday, Feb. 28 . To learn more about judicial selection in Michigan, click here. Cheshire Hills Golf Course . Friday, Judge Kengis kept Fields bond the same. 113 Chestnut Street, Allegan, MI 49010 Allegan County Court System Type: Civil, General Civil - Unlimited, General Civil - Limited, Small Claims, Complex Commercial, Foreclosures and Liens, Real Estate Title and Boundary, Criminal, Mental Health Division: Contact Information: Phone Number: 269-673-0400 Fax: 269-673-0490 Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. Roberts Kengis Circuit Court Judge at Allegan County Government Plainwell, Michigan, United States 781 followers 500+ connections Join to connect Allegan County Government Wayne State. 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. Bakker, who remains on the bench, served in the role for 11 years. Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. The jury found the Defendant guilty based on that evidence. .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 Koch previously told The Sentinel she never discussed the emails with Jipp. 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. In August, Bakker also recused herself from hearing the motion for a new 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. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. 113 Chestnut St. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. The case was tried by assistant prosecuting attorney Emily Jipp. *Please call to verify. Marcia Johnson. Kengis was the chief prosecuting attorney when. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. 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. The case will be reassigned to Judge Margaret Bakker. Subscribe:Get unlimited access to our local coverage. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Bakker was Allegan Countys first female circuit court judge. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Cookie Settings/Do Not Sell My Personal Information. He was sentenced last November to at least 20 years in prison. Have a news tip? The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. 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. None of the communications were ever intended to influence or provide advice nor did they. 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. 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. 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. "We think the court wants to hear and have robust conversations on these issues. 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. In this case, she was comfortable with the agreement. 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. The sentences run concurrently. Jan Murray. 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 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. 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. Dont they have detectives with MSP anymore? 2023 www.hollandsentinel.com. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Community Rules apply to all content you upload or otherwise submit to this site. Jury trials routinely require two to three days to decide amidst other . 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 "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. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. 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. 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. Apply today! Allegan County Sheriff's Office Sheriff. Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. Koch and her husband married in 1993. 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. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. The same date Kengis starts as a Circuit Judge. She became a judge on Jan. 1, 2010. 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. 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. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. 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. Circuit Court Judge, Honorable Michael Buck Call, or visit the court's website if listed above. non-substantive) matters.". 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. Dont they have detectives with MSP anymore?. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. Please enable JavaScript in your browser for a better user experience. Interns wanted: Get paid to help ensure that every voter has unbiased election information. 2023 www.hollandsentinel.com. Hours: Open Weekdays 9:00 AM - 5:00 PM 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 victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. 269-226-5014. craig.chindemi@ascension.org. Bakker, who remains on the bench, served in the role for 11. Email news@wzzm13.com, visit our Facebook page or Twitter. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. Bakker did not submit a request to be reappointed which left an opening for 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. Contact 48th Judicial Circuit Court 113 Chestnut St. Allegan, MI 49010 (269) 673-0300 Judges Honorable Roberts Kengis Chief Circuit Court Judge Honorable Margaret Zuzich Bakker Circuit Court Judge Honorable Michael Buck Presiding Family Court Judge 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. Field had been a popular instructor at the college before his dismissal. 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. Presiding Family Court Judge, Allegan County, Michigan He was elected to a six-year term in 2020. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Bakker was Allegan County's first female circuit court judge. In a hearing Thursday, Judge Roberts Kengis alerted the. 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 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. Click here to contact our editorial staff, and click here to report an error. 48th Judicial Circuit Court This county is outside of that coverage scope and does not receive scheduled updates. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. She said the counseling took place there and the sexual relations at Fields home next door to the center. The appeal was heard by Allegan County District Judge William Baillargeon. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. The Michigan Supreme Court is providing the information on this website as a public service. Example video title will go here for this video. 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. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. ", Koch responded, "They do but not typically for CSCs. I did not discuss those communications with the Assistant Prosecutor trying the case. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. 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. Bowman, 72, is charged with her murder. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. Loew currently is free while awaiting the outcome of his appeal. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. 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.. In 2020, Kengis was elected to the circuit court. In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". Michigan District Courts The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. They claim that Loew did not receive a fair trial. The people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. 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. "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.". 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. Jim Wheat, MD. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. This trooper has been given additional personal training since this investigation. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. A more recent docket listing may be available from PACER . The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. 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. 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. The Michigan Supreme Court made their current appointments to the courts across the state. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Penny Brown . The same date Kengis starts as a Circuit Judge. Community Volunteer . Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. Field was arrested in the fall of 2017. The chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. 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. YouTubes privacy policy is available here and YouTubes terms of service is available here. Copyright 2023, Wilcox Newspapers. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. 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. 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. 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.. Bakker also asked why the victim in the case had not been given a medical exam. 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. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. 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. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. 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. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. 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.". Sarah Leach is editor of The Holland Sentinel. 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. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon 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; } (269) 673-0300, Honorable Roberts Kengis The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. The jury was thereby improperly influenced.. Bowman, 72, is charged with her murder. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. The victim was 13 at the time of the first reported assault. Community Volunteer . The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. 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. 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). Neither side objected in court to Kengis'decision to recuse himself. Honorable Michael L. Buck . All rights reserved. SMC completed its investigation in late September 2017 when they fired Field. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. If any of these apply to you, contact the court to verify they observe the exemption. 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. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. If you would like to help our coverage scope grow, consider donating to Ballotpedia. To 42 U.S.C the years when making final decisions on a variety of issues charged with murder! 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