[1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. This trooper has been given additional personal training since this investigation. The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. 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. Click here to contact us for media inquiries, and please donate here to support our continued expansion. He obtained the emails through a Freedom of Information Act request. 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. 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. In August, Bakker also recused herself from hearing the motion for a new trial. Loew currently is free while awaiting the outcome of his appeal. 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. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. Betty Kortman . In a hearing Thursday, Judge Roberts Kengis alerted the attorneys tohis history with the case. If you would like to help our coverage scope grow, consider donating to Ballotpedia. Bakker also asked why the victim in the case had not been given a medical exam. Neither side objected in court to Kengis'decision to recuse himself. The point is she tried. 2023 Advance Local Media LLC. Download the WZZM 13 app now. Allegan, MI 49010 If you purchase a product or register for an account through one of the links on our site, we may receive compensation. (269) 673-0300, Honorable Roberts Kengis Bowman, 72, is charged with her murder. 113 Chestnut St. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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. 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.. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. 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. 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. Allegan County Sheriff's Office Sheriff. Example video title will go here for this video. 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. All rights reserved. Rick Snyder on Wednesday, Feb. 28 . On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon 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. 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 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. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. 48th Judicial Circuit Court Kengis was the chief prosecuting attorney when. Click here to contact our editorial staff, and click here to report an error. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker 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. "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. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. Community Rules apply to all content you upload or otherwise submit to this site. 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. "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.". ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. 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. 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. Penny Brown . Michigan District Courts Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. 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 In a hearing Thursday, Judge Roberts Kengis alerted the. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. 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. 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 victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. 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. 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. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. The same date Kengis starts as a Circuit Judge. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. Apply today! 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. Allegan County Circuit Court Judge. 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 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. 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. 113 Chestnut Street, Allegan, MI49010 SMC completed its investigation in late September 2017 when they fired Field. 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 2023 www.hollandsentinel.com. The emails were something between idle chat and administrative communication.. All rights reserved (About Us). 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. To learn more about judicial selection in Michigan, click here. He was elected to a six-year term in 2020. Dont they have detectives with MSP anymore?. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. 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; } According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. 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. ALLEGAN Two Allegan County judges have recused themselves from hearing the case of Daniel Loew, who is asking for a new trial after emails between the judge and the Allegan County Prosecuting Attorney were released during the prosecutors re-election campaign. My office is contemplating an appeal. She said the jury reached the decision. 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 prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. *Not location specific. Bowman, 72, is charged with her murder. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Sarah Leach is editor of The Holland Sentinel. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. Call, or visit the court's website if listed above. In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. 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. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Bakker was immediately appointed chief judge and served 11 years as chief judge. 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 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. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. Dont they have detectives with MSP anymore? Michigan Circuit Court The case was tried by assistant prosecuting attorney Emily Jipp. Friday, Judge Kengis kept Fields bond the same. 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. Copyright 2023, Wilcox Newspapers. 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. 3283 122nd Ave. Villar, a private practice attorney, later lost the electionby a handful of votes. 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. 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 ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. Redistricting Maps Take Affect for 2022 Elections. Gov. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. Interns wanted: Get paid to help ensure that every voter has unbiased election information. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. Lynch responded: Thats not the point. 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. ", Koch responded, "They do but not typically for CSCs. In 2020, Kengis was elected to the circuit court. Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. 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. Allegan, MI 49010, Design By Granicus - Connecting People & Government. Have a news tip? The defense said the emails show misconduct. Bakker, who remains on the bench, served in the role for 11. 100% remote. Community Volunteer . .courts-header { font-size:150%;background-color:#334aab;color:white;} All rights reserved. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. Cookie Settings/Do Not Sell My Personal Information. 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. ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. The two then exchanged several emails about the lack of a medical exam. The chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. .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 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.. Is any of the above incorrect? Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. 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judge kengis allegan county