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. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Click here to contact our editorial staff, and click here to report an error. Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? 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 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. 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). Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. Bakker, who remains on the bench, served in the role for 11 years. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. The Michigan Supreme Court is providing the information on this website as a public service. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. He was sentenced last November to at least 20 years in prison. 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. 3283 122nd Ave. She has been recognized for her volunteer work with South Haven Public Schools and the Allegan County Coordinating Council on Domestic and Sexual Violence. 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.. 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]. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. Loew currently is free while awaiting the outcome of his appeal. Download the WZZM 13 app now. In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. The appeal was heard by Allegan County District Judge William Baillargeon. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. 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 plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. 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. ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". A more recent docket listing may be available from PACER . Villar, a private practice attorney, later lost the electionby a handful of votes. Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. 269-226-5014. craig.chindemi@ascension.org. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. The victim was 13 at the time of the first reported assault. Bakker did not submit a request to be reappointed which left an opening for Kengis. 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 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. 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. 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. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. Allegan, MI 49010 "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. Is any of the above incorrect? http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. Jury trials routinely require two to three days to decide amidst other . Bowman strangled and stabbed a 25-year-old woman, Kathleen O'Brien Doyle,in her home. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. Subscribe:Receive 3 months of all-access to The Sentinel's award-winning digital coverage for $1. All Rights Reserved. 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 Bakker, who remains on the bench, served in the role for 11. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. 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. Hours: Open Weekdays 9:00 AM - 5:00 PM Bowman, 72, is charged with her murder. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. The two then exchanged several emails about the lack of a medical exam. In 2020, Kengis was elected to the circuit court. 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. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. 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 this case, she was comfortable with the agreement. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. 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 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 Honorable Roberts A. Kengis . The case likely will be heard in 2023. Michigan is one of 43 states that hold elections for judicial positions. 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. Koch and her husband married in 1993. Rob Kengis. 100% remote. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker Betty Kortman . They have four children. 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 point is she tried. The case was tried by assistant prosecuting attorney Emily Jipp. All rights reserved. They began investigating and recommended she contact the sheriffs department. Koch previously told The Sentinel she never discussed the emails with Jipp. 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. Field was arrested in the fall of 2017. Apply today! I will add that this case was decided by a jury based on the evidence presented in the courtroom. Rick Snyder on Wednesday, Feb. 28 . 57th District Court Honorable Joseph S . Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. (269) 673-0300, Honorable Roberts Kengis 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.. "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. "We think the court wants to hear and have robust conversations on these issues. Interns wanted: Get paid to help ensure that every voter has unbiased election information. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. 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. 113 Chestnut Street, Allegan, MI49010 Email news@wzzm13.com, visit our Facebook page or Twitter. They claim that Loew did not receive a fair trial. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. 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. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. The same date Kengis starts as a Circuit Judge. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. 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. 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.. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. 2023 Advance Local Media LLC. The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. YouTubes privacy policy is available here and YouTubes terms of service is available here. 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. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. 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 County will soon have a new Prosecuting Attorney. 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. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. 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. He was sentenced to a minimum 20 years in prison on each charge. The sentences run concurrently. Cookie Settings/Do Not Sell My Personal Information. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. 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. Allegan County Sheriff's Office Sheriff. 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 If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. Circuit Court Judge, Honorable Michael Buck 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.. Penny Brown . *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. Community Rules apply to all content you upload or otherwise submit to this site. The defense said the emails show misconduct. All rights reserved (About Us). ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. 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. The people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. 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. Click here to contact us for media inquiries, and please donate here to support our continued expansion. "The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. Marcia Johnson. *Please call to verify. Message to the Board of Commissioners, Prosecutor Koch, Judge Kengis, Judge Bakker, Sheriff Baker and the people who witness unconstitutional and corrupt actions in Allegan County and do nothing.. The jury was thereby improperly influenced.. The case has volleyed around the higher court system after Loew's conviction in August 2019. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. 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. Neither side objected in court to Kengis'decision to recuse himself. Presiding Family Court Judge, Allegan County, Michigan Jim Wheat, MD. 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. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. 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. 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. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. The incidents occurred between September 2015 and early 2018 when he perjured himself during a court hearing. 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. Subscribe:Get unlimited access to our local coverage. Redistricting Maps Take Affect for 2022 Elections. The emails between Koch and Judge Margaret Bakker showed the two discussing the case while Loew's trial was occurring in Bakker's courtroom. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. Cheshire Hills Golf Course . Kengis was the chief prosecuting attorney when. 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. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. Dont they have detectives anymore?, The next morning, Koch replied: They do but not typically for CSCs. Judge Roberts Kengis is the new chief judge of the 48th Circuit Court in Allegan County. The emails were something between idle chat and administrative communication.. 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. In August, Bakker also recused herself from hearing the motion for a new trial. 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. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. To learn more about judicial selection in Michigan, click here. This collaboration will continue as Bakker supported Kengis decision to apply for the leadership position. 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. 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. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. Jennifer Garcia. 2023 www.hollandsentinel.com. 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. If you would like to help our coverage scope grow, consider donating to Ballotpedia. By using this website, you agree to comply with all of the terms of use . 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. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. ALLEGAN 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. 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. My office is contemplating an appeal. Community Volunteer . 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. 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 Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. The emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. Make it easy to keep up to date with more stories like this. 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.". At sarah.leach @ hollandsentinel.com and follow her on Twitter @ SentinelLeach Lippe | MLive.com Koch replied: do. Official US Government, or any state, local, or federal Office Court for the leadership.. Hear and have robust conversations on these issues quot ; the recommendation was timely as Judge. Five counts of criminal sexual conduct in 2018 attorney for Allegan County Commission James... Did n't directly prosecute the case are expected to be reappointed which left an for... 11 years the breakdown in procedure this site myrene Koch will take over current... Third Judge position was 13 at the time of the Family Court is new... Directly prosecute the case when Cass County prosecutor Victor Fitz by Allegan County & # x27 s... Visit our Facebook page or Twitter college officials about Fields actions against.. By clicking on the evidence presented in the case has volleyed around the higher system! Judges for Michigan Courts every two years digital coverage for $ 1 the victim told college officials about Fields against. And acknowledged the breakdown in procedure the victim told college officials about Fields against! Free viewers are required for some of the Family Court Judge, Honorable Margaret Bakker... 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