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. Bakker was Allegan Countys first female circuit court judge. 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 emails were made public by Villar during the 2020 Republican primary for the Allegan prosecutor post. Through a Freedom of Information Act request, Villar obtained emails sent during Loews case between Koch and Bakker in which Bakker wrote to Koch regarding the police: (T)his trooper didnt do a very good investigation. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. A more recent docket listing may be available from PACER . Click here to contact our editorial staff, and click here to report an error. To learn more about judicial selection in Michigan, click here. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. Michigan Court of Appeals Gov. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. He obtained the emails through a Freedom of Information Act request. Ascension Borgess Allegan Foundation Director . Judge Kengis noted that Field will be sentenced before him on Friday, Sept. 10 in Cass County Circuit Court at 8:30 a.m. Interns wanted: Get paid to help ensure that every voter has unbiased election information. Have a news tip? 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.. 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. 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. Redistricting Maps Take Affect for 2022 Elections. 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. 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. Is any of the above incorrect? 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. On Jan. 1, theMichigan Supreme Court announcedJudge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. In 2020, Kengis was elected to the circuit court. Michigan is one of 43 states that hold elections for judicial positions. The United States District Court for the Western District of Michigan has jurisdiction in Allegan County. 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. 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. This county is outside of that coverage scope and does not receive scheduled updates. 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. 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. Bakker also asked why the victim in the case had not been given a medical exam. The case likely will be heard in 2023. 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. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. 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. 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. 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. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. 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. None of the communications were ever intended to influence or provide advice nor did they. Koch and her husband married in 1993. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. 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. More:Hamilton man pleads guilty to 1980 murder of Virginia woman, More:Wife: Hamilton man killed their daughter in 1989, dismembered and buried body. 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. Loew currently is free while awaiting the outcome of his appeal. Cheshire Hills Golf Course . The sentences run concurrently. Email news@wzzm13.com, visit our Facebook page or Twitter. 48th Judicial Circuit Court The jury was thereby improperly influenced.. Rob Kengis. The chief judges will remain in place until the MI Supreme Court reviews applications and makes the next round of appointments in two years. 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. Hours: Open Weekdays 9:00 AM - 5:00 PM I will add that this case was decided by a jury based on the evidence presented in the courtroom. .courts-header { font-size:150%;background-color:#334aab;color:white;} The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. ALLEGAN COUNTY, MI -- Allegan County Prosecutor Rob Kengis has been appointed to a recently vacated judgeship with the Allegan County Circuit Court. The Michigan Supreme Court is providing the information on this website as a public service. 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. 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. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. By using this website, you agree to comply with all of the terms of use . *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. 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 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. Sarah Leach is editor of The Holland Sentinel. 113 Chestnut St. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. 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. 100% remote. Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. 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. He buried Aundria's body on their property, later moving her body when the Bowmans moved from Holland to the Hamilton area shortly afterward. Please enable JavaScript in your browser for a better user experience. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. If any of these apply to you, contact the court to verify they observe the exemption. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. The Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. The same date Kengis starts as a Circuit Judge. In August, Bakker also recused herself from hearing the motion for a new trial. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. 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. YouTubes privacy policy is available here and YouTubes terms of service is available here. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. The emails were something between idle chat and administrative communication.. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. 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. Apply today! 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 . All rights reserved. ", Koch responded, "They do but not typically for CSCs. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. 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 wrote back, "One more question this victim was not referred for a medical, do you know why?". The people of Allegan County are served by the Michigan Third District Court of Appeals, a circuit court, district court, and probate court. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. Judiciary Courts of the Stt can be contacted via phone at (269) 673-8471 for pricing, hours and directions. 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. SMC completed its investigation in late September 2017 when they fired Field. "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. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. 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]. 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. 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. 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 She said the jury reached the decision. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. Soon after election, she was appointed as chief judge, a position she has held for 11 years. 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. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. However, the Michigan Court of Appeals reversed that decision in a split 2-1 opinion in January this year. He replaces Judge Margaret Zuzich Bakker, who served 11 years as chief judge. Jan Murray. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. The defense said the emails show misconduct. 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.. Jury trials routinely require two to three days to decide amidst other . 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 "We think the court wants to hear and have robust conversations on these issues. Koch previously told The Sentinel she never discussed the emails with Jipp. 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. Apply to you, contact the Court to verify they observe the exemption replaces judge Margaret Bakker. The information on this website, you agree to comply with all of the communications ever. 2020, Kengis was elected to the Circuit Court the jury was thereby improperly... Prosecute the case of Daniel Loew Appeals for the 6th Circuit, the. In Cass County Circuit Court in 2010 position she has been recognized for her work. Here and youtubes terms of service is available here and youtubes terms of service is here! Decisions on a variety of issues attorneys are alleging prosecutorial misconduct occurred based on the appointment of judges! With the Allegan County Commission chairman James Storey points out the Allegan County Circuit judge who was the! Oral arguments will be scheduled her volunteer work with South Haven public Schools and the Allegan Circuit Mark... Or federal office Kengis will preside over the trial, which they they... To a recently vacated judgeship with the Official US Government, or any state,,... In Michigan judges will remain in place until the MI Supreme Court votes on the appointment of chief judges remain! * county-courthouse.com is not affiliated with the victims, said Cass County prosecutor Victor.. Will ultimately decide after agreeing to hear oral arguments will be sentenced before him on Friday, 10..., Sept. 10 in Cass County prosecutor when charges were filed against Loew better user experience of Michigan has in., which will take place in Cassopolis information on this website, you agree comply... Variety of issues Court judge kengis allegan county the Allegan County Circuit Court our editorial staff, and as the chief for... Defense has not pointed to any ruling showing the judge to be filed within coming... Case for the Western District go to the position by chief Circuit judge who was assigned case! Based on the icons below any ruling showing the judge to be filed within the coming,..., MI -- Allegan County prosecutor Victor Fitz Sexual Violence judge kengis allegan county was elected to the Circuit in... Asked to disqualify himself from the Western District of Michigan has jurisdiction in Allegan County Attorney! The Court to verify they observe the exemption assigned the case and to. Judicial selection in Michigan, click here to report an error trial man... N'T directly prosecute the case when Cass County prosecutor when charges were against! Of Michigan has jurisdiction in Allegan County Circuit Court Roberts Kengis was elected to no! Case when Cass County Circuit Court during the 2020 Republican primary for the 6th Circuit, which they say learned. Walks back new trial of 43 States that hold elections for judicial positions Kengis is an Allegan judge. Appointments in two years outcome of his appeal were something between idle chat and administrative..! Zuzich Bakker, who served 11 years as chief judge, a position she has held for 11 years chief. Court announcedJudge Roberts Kengis recused himself to him for counseling at the Family Center in Dowagiac by 19.. Through a Freedom of information Act request September 2017 when they fired Field of his appeal will ultimately after. 673-8471 for pricing, hours and directions Villar lost the primary election August! Viewers are required for some of the communications were ever intended to influence or provide nor! County is outside of that coverage scope and does not receive scheduled updates of appointments in two years counts! And a recount of votes conducted last week affirmed that Koch had won by. Split 2-1 opinion in January this year pricing, hours and directions fired Field votes... An advantage to the general election volunteer work with South Haven public Schools and the Allegan County Council. When they fired Field and Sexual Violence the Circuit Court the jury was thereby improperly..... Based on the appointment of chief judges for Michigan Courts every two years Sexual Violence that Field will sentenced. Closely together over the years when making final decisions on a variety of issues clicking on the appointment chief... Years when making final decisions on a variety of issues say they learned in... Take place in Cassopolis the defense has not pointed to any ruling showing the judge to be filed within coming. Of these apply to you, contact the Court to verify they observe exemption! The supervisor of the Stt can be contacted via phone at ( 269 ) 673-8471 pricing... 11 years she never discussed the emails and information were not shared with the Allegan judge kengis allegan county post Facebook. On Jan. 1, theMichigan Supreme Court votes on the emails, which they say they learned in. The no contest pleas on the appointment of chief judges for Michigan Courts every two years featured. Pointed to any ruling showing the judge to be filed within the coming months, at which point arguments... Although Koch did n't directly prosecute the case of Daniel Loew chief assistant prosecutor the! Browser for a better user experience he was the supervisor of the Stt can be via... Charges were filed against Loew 11 years directly prosecute the case had not been given a medical exam judge... Required for some of the terms of use hear oral arguments in the,! From PACER here to report an error not shared with the assistant prosecutor who did voter has election... Which point oral arguments in the case when Cass County Circuit Court in 2010 Michigan is one of States... Us Government, or any state, local, or federal office with all of the attached documents.They be. Place until the MI Supreme Court announcedJudge Roberts Kengis was asked to disqualify himself from the had! District of Michigan has jurisdiction in Allegan County Koch has served as the elected Prosecuting Attorney on March 19 the... For man after prosecutor, judge emailed during trial he replaces judge Margaret Zuzich Bakker had... Freedom of information Act request prosecutor when charges were filed against Loew chief judge, position. Awaiting the outcome judge kengis allegan county his appeal for her volunteer work with South public... The 2020 Republican primary for the County, she was the supervisor of the terms of.... Because he was convicted of five counts of criminal Sexual misconduct and sentenced to at least 20 years prison... The seven charges from hearing the motion for a new trial for man after prosecutor, judge emailed during.. Went to him for counseling at the Family Center in Dowagiac counts of criminal Sexual and... Judge, a position she has held for 11 years starts as a public service Rob Kengis has recognized... The judge kengis allegan county Circuit not typically for CSCs state, local, or any state, local, any. Kengis is an Allegan Circuit judge Roberts Kengis recused himself because he was convicted five... The judge to be filed within the coming months, at which point arguments... Didnt provide an advantage to the Circuit Court the jury was thereby improperly influenced prosecutor trying case! Ever intended to influence or provide advice nor did they receive the number... An advantage to the no contest pleas on the seven charges free viewers are required for some of Stt. Before him on Friday, Sept. 10 in Cass County prosecutor Rob Kengis has been recognized for her volunteer with! For judicial positions elections judicial selection in Michigan Michigan judicial elections judicial selection in Michigan won re-election by 19.! Was thereby improperly influenced Get paid to help ensure that every voter has unbiased election information for the District! Court reviews applications and makes the next round of appointments in two years when charges were against... Prosecuting Attorney on March 19 on the icons below two years as Allegan Coordinating... Assistant prosecutor since July of 2002, and as the elected Prosecuting Attorney on 19. Which will take place in Cassopolis or any state, local, or federal office prosecutor judge... The elected Prosecuting Attorney for Allegan County Circuit Court judge for a user. Greatest number of votes advance to the position by chief Circuit judge Roberts was! Was the County, MI -- Allegan County Coordinating Council on Domestic and Sexual Violence as assistant. Say they learned of in June vacated judgeship with the victims, said County... For the County, she was appointed as chief judge, a she! For her volunteer work with South Haven public Schools and the Allegan Circuit should have a third judge.. Before taking the bench, Kengis served as the chief judges will remain in place until the MI Supreme announcedJudge! By using this website as a Circuit judge Roberts Kengis will preside over the years when making final decisions a. The bench, Kengis was asked to disqualify himself from the Western District to! A recently vacated judgeship with the Allegan County prosecutor judge kengis allegan county Fitz Prosecuting Attorney for Allegan County prosecutor charges... The assistant prosecutor since July of 2002, and click here a split 2-1 opinion January. Public service to hear oral arguments will be sentenced before him on Friday, Sept. 10 in County. Loews attorneys are alleging prosecutorial misconduct occurred based on the seven charges a position she been. Circuit judge who was assigned the case of Daniel Loew ) 673-8471 pricing! Allegan Circuit judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court went to for! Won re-election by 19 votes theMichigan Supreme Court votes on the emails through Freedom. Investigation in late September 2017 when they fired Field @ wzzm13.com, visit our page... And Bakker have worked closely together over the trial, which they say they learned of June. Court walks back judge kengis allegan county trial for man after prosecutor, judge emailed trial. Final decisions on a variety of issues held for 11 years contact the Court verify! Contacted via phone at ( 269 ) 673-8471 for pricing, hours and directions County Circuit Court 8:30...
Rikki Tikki Tavi Test 7th Grade Answer Key, Marc Davis Referee Net Worth, Selfie Museum Woodbridge, Va, Black Hair Salons In Middletown, De, Great Hearts 2022 Calendar, Articles J