Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Honorable Roberts A. Kengis . 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. She said the counseling took place there and the sexual relations at Fields home next door to the center. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. To learn more about judicial selection in Michigan, click here. The Michigan Supreme Court is providing the information on this website as a public service. 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.. Rick Snyder on Wednesday, Feb. 28 . Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. Is any of the above incorrect? Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. (269) 673-0300, Honorable Roberts Kengis SMC completed its investigation in late September 2017 when they fired Field. He replaces Judge Margaret Zuzich Bakker, who served 11 years as chief judge. The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. The jury was thereby improperly influenced.. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. Presiding Family Court Judge, Allegan County, Michigan 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. 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. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. 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. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. 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. The emails were something between idle chat and administrative communication.. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. Bakker was immediately appointed chief judge and served 11 years as chief judge. Allegan, MI 49010, Design By Granicus - Connecting People & Government. 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 Redistricting Maps Take Affect for 2022 Elections. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. I did not discuss those communications with the Assistant Prosecutor trying the case. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. 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. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. 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 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. Betty Kortman . Interns wanted: Get paid to help ensure that every voter has unbiased election information. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. If you would like to help our coverage scope grow, consider donating to Ballotpedia. My office is contemplating an appeal. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. 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. 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 Bakker also asked why the victim in the case had not been given a medical exam. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. The 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. 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.. All rights reserved (About Us). Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. The appeal was heard by Allegan County District Judge William Baillargeon. 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.. 48th Judicial Circuit Court Michigan Circuit Court In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. Cookie Settings/Do Not Sell My Personal Information. 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. 2023 www.hollandsentinel.com. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. 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]. ", Koch responded, "They do but not typically for CSCs. Koch previously told The Sentinel she never discussed the emails with Jipp. Copyright 2023, Wilcox Newspapers. Subscribe:Get unlimited access to our local coverage. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. The case has volleyed around the higher court system after Loew's conviction in August 2019. 3283 122nd Ave. Jan Murray. 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. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. 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. Make it easy to keep up to date with more stories like this. He was elected to a six-year term in 2020. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. Koch and her husband married in 1993. The same date Kengis starts as a Circuit Judge. 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. He was sentenced last November to at least 20 years in prison. non-substantive) matters.". Hours: Open Weekdays 9:00 AM - 5:00 PM 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. They claim that Loew did not receive a fair trial. Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 100% remote. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. 2023 Advance Local Media LLC. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. Dont they have detectives with MSP anymore? Marcia Johnson. Kengis was the chief prosecuting attorney when. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. She became a judge on Jan. 1, 2010. Jury trials routinely require two to three days to decide amidst other . Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Click here to contact our editorial staff, and click here to report an error. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. 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 He obtained the emails through a Freedom of Information Act request. Have a news tip? Allegan County, All civil cases at law over $300., Civil cases in equity., Proceedings in habeas corpus., Felonies and misdemeanors, Proceedings in quo warranto., Prohibition and certiorari cases., Appeals from magistrate court, municipal court, and administrative agenc, Phone Number: 269-673-0300 All rights reserved. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. "We think the court wants to hear and have robust conversations on these issues. 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. The same date Kengis starts as a Circuit Judge. 57th District Court Honorable Joseph S . The same date Kengis starts as a Circuit Judge. Penny Brown . 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.. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. He was sentenced to a minimum 20 years in prison on each charge. 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 I will add that this case was decided by a jury based on the evidence presented in the courtroom. Allegan County will soon have a new Prosecuting Attorney. Loew currently is free while awaiting the outcome of his appeal. 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. 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. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. Neither side objected in court to Kengis'decision to recuse himself. The case was tried by assistant prosecuting attorney Emily Jipp. 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. 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. 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. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. 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. In a hearing Thursday, Judge Roberts Kengis alerted the attorneys tohis history with the case. 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. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. Community Rules apply to all content you upload or otherwise submit to this site. 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. 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. 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 victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. Dont they have detectives with MSP anymore?. 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. 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. 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. 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 They began investigating and recommended she contact the sheriffs department. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. 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 people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. They have four children. 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. Sarah Leach is editor of The Holland Sentinel. Bakker did not submit a request to be reappointed which left an opening for Kengis. 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. . Community Volunteer . Bowman, 72, is charged with her murder. 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. In August, Bakker also recused herself from hearing the motion for a new trial. Field had been a popular instructor at the college before his dismissal. Michigan is one of 43 states that hold elections for judicial positions. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. "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. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Bowman, 72, is charged with her murder. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. 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. 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. 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. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. Call, or visit the court's website if listed above. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. Allegan County Sheriff's Office Sheriff. Community Volunteer . The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. 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.. 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 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. "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.". In 2020, Kengis was elected to the circuit court. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. Circuit Court Judge, Honorable Michael Buck After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. Michigan Court of Appeals 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. 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. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Apply today! .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 This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. Email news@wzzm13.com, visit our Facebook page or Twitter. Allegan, MI 49010 Cheshire Hills Golf Course . Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. 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; } 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. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. Subscribe: Get unlimited access to our local coverage. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Gov. YouTubes privacy policy is available here and YouTubes terms of service is available here. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. The incidents occurred between September judge kengis allegan county and early 2018 when detectives used a genealogy database toidentify! Candidates who receive the greatest number of votes advance to the Circuit Court at 8:30.. Prosecuting attorney is considering an appeal the attached documents.They can be downloaded by clicking on the seven charges against.... 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