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.. Herman was a member of the board of directors of the counseling center where Field worked and where some of the incidents took place. After the trooper left the witness stand, Bakker emailed Koch: This trooper didnt do a very good investigation. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. This trooper has been given additional personal training since this investigation. As the presiding officer of the court, a chief judge shall: (a) call and preside over meetings of the court; (b) appoint committees of the court; (c) initiate policies concerning the courts internal operations and its position on external matters affecting the court; (d) meet regularly with all chief judges.. ", Koch responded, "They do but not typically for CSCs. Friday, Judge Kengis kept Fields bond the same. The two then exchanged several emails about the lack of a medical exam. Bakker was immediately appointed chief judge and served 11 years as chief judge. In 2020, Kengis was elected to the circuit court. Bakker was Allegan Countys first female circuit court judge. Cheshire Hills Golf Course . [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. He was elected to a six-year term in 2020. Ms. Kochs response acknowledged the criticism and acknowledged the breakdown in procedure. Honorable Roberts A. Kengis . 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 case was tried by assistant prosecuting attorney Emily Jipp. All rights reserved (About Us). .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 Bakker did not submit a request to be reappointed which left an opening for Kengis. Bakker, who remains on the bench, served in the role for 11. Lynch responded: Thats not the point. He obtained the emails through a Freedom of Information Act request. Neither side objected in court to Kengis'decision to recuse himself. 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. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. In Allegan County, the presiding judge of the Family Court is the Honorable Michael L. Buck. The defense said the emails show misconduct. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. Kengis was the chief prosecuting attorney when. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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). The Michigan Supreme Court is providing the information on this website as a public service. 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 take over for current prosecutor, Roberts Kengis on March 19. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. He was sentenced last November to at least 20 years in prison. 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. I did not discuss those communications with the Assistant Prosecutor trying the case. 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. Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? 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 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. *Not location specific. Cookie Settings/Do Not Sell My Personal Information. 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.. Call, or visit the court's website if listed above. 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. The appeal was heard by Allegan County District Judge William Baillargeon. They began investigating and recommended she contact the sheriffs department. The appointment was made by the Michigan Supreme Court after reviewing applications completed by the candidates. The status of those grievances is unknown, as the merits of Loew's appeal are still pending. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. She said the jury reached the decision. 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. 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. The jury was thereby improperly influenced.. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. Field was arrested in the fall of 2017. 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. Sarah Leach is editor of The Holland Sentinel. It was after his arrest in November 2019 for Doyle's murder that he began asking to speak to detectives about the circumstances of Aundria'sdeath. 113 Chestnut St. Bakker, who remains on the bench, served in the role for 11 years. 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. 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 defense has not pointed to any ruling showing the judge to be compromised or biased, she said. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Allegan County will soon have a new Prosecuting Attorney. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. Michigan Circuit Court Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. Marcia Johnson. Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. 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. Allegan County Circuit Court Judge. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. Subscribe: Get unlimited access to our local coverage. .courts-header { font-size:150%;background-color:#334aab;color:white;} Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. 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. All rights reserved. Website: http://www.allegancounty.org/Government/CC/Index.asp?pt=, Staff: George R. Corsiglia (Chief Judge), William A. Baillargeon 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. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. Dont they have detectives with MSP anymore? Soon after election, she was appointed as chief judge, a position she has held for 11 years. The investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. 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. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. 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. Told college officials about Fields actions against her sentenced before him on,. 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