Ascension Borgess Allegan Foundation Director . Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. 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. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. Bowman says he hid Aundria's body in a barn on the property and called police to report that she had run away. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. 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. 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.. ALLEGAN Should a criminal defendant in Allegan County get a new trial after claiming he didn't get a fair shake? 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. Bakker did not submit a request to be reappointed which left an opening for Kengis. The Michigan Supreme Court made their current appointments to the courts across the state. Subscribe:Get unlimited access to our local coverage. He was sentenced to a minimum 20 years in prison on each charge. YouTubes privacy policy is available here and YouTubes terms of service is available here. Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. 100 largest cities in America by population, United States District Court for the Western District of Michigan, United States Court of Appeals for the 6th Circuit, Michigan Fifty-seventh Judicial District Court, Michigan local trial court judicial elections, 2023, Michigan local trial court judicial elections, 2022, Michigan local trial court judicial elections, 2021, Michigan local trial court judicial elections, 2020, Michigan local trial court judicial elections, 2019, Michigan local trial court judicial elections, 2018, Michigan local trial court judicial elections, 2017, Michigan local trial court judicial elections, 2016, https://ballotpedia.org/wiki/index.php?title=Allegan_County,_Michigan_(Judicial)&oldid=7667650, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. 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. I will add that this case was decided by a jury based on the evidence presented in the courtroom. Make it easy to keep up to date with more stories like this. 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. [1], If two or more candidates in a race receive the same number of votes, the election is to be decided by lot. *county-courthouse.com is not affiliated with the Official US Government, or any state, local, or federal office. .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 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. Bowman, 72, is charged with her murder. Kengis was the chief prosecuting attorney when. A more recent docket listing may be available from PACER . 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. I did not discuss those communications with the Assistant Prosecutor trying the case. Judge Kengis relied on the testimony from the 2018 preliminary hearing in the case for his findings of fact in accepting Fields plea. Get unlimited access to our local coverage, Your California Privacy Rights/Privacy Policy. Koch was named to the position by Chief Circuit Judge Margaret Zuzich Bakker, on Tuesday. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. Kengis said during Thursdays hearing that the hearing would likely be reassigned next to a judge in Allegan Countys 57th District Court. SMC completed its investigation in late September 2017 when they fired Field. In the nonpartisan primary, the two candidates who receive the greatest number of votes advance to the general election. 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. Please enable JavaScript in your browser for a better user experience. JUDGES OF MICHIGAN . "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. 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. In a hearing Thursday, Judge Roberts Kengis alerted the attorneys tohis history with the case. 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 Presiding Family Court Judge, Allegan County, Michigan None of the communications were ever intended to influence or provide advice nor did they. The victim was 13 at the time of the first reported assault. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. Koch previously told The Sentinel she never discussed the emails with Jipp. 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. 113 Chestnut St. Email news@wzzm13.com, visit our Facebook page or Twitter. Honorable Roberts A. Kengis . ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. Allegan County Circuit Court Judge Roberts Kengis was asked to disqualify himself from the case and agreed to do so in a hearing Thursday. 48th Judicial Circuit Court The point is she tried. She became a judge on Jan. 1, 2010. http://www.allegancounty.org/Government/CC/Index.asp?pt=, The Public Access to Court Records (PACER), 36th Judicial Circuit Court Van Buren County. Ballotpedia features 395,436 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. 13 READS: Muskegon book store asking for help to stay open, continue to promote literacy, 13 On Your Side Forecast: Fog Thursday; Snowstorm Friday. Click here to contact our editorial staff, and click here to report an error. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. If any of these apply to you, contact the court to verify they observe the exemption. Interns wanted: Get paid to help ensure that every voter has unbiased election information. 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. The chief judge holds "administrative superintending power and control over the judges of the court and all court personnel, including the friend of the court," according to Michigan Court Rule, managing staffing, caseload, court finances, making county clerk and prosecutor's office appointments and managing assignment and reassignment of cases. 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. Allegan County Friend of the Court et al 1:2021cv00195 | US District Court for the Western District of Michigan | Justia Collet v. Allegan County Friend of the Court et al RSS Track this Docket Docket Report This docket was last retrieved on March 3, 2021. Subscribe: Get unlimited access to our local coverage. 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. He was elected to a six-year term in 2020. 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. All rights reserved (About Us). The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. 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. Rick Snyder on Wednesday, Feb. 28 . Bakker was Allegan Countys first female circuit court judge. The same date Kengis starts as a Circuit Judge. She said the jury reached the decision. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Contact Info (269) 673-8471 Questions & Answers Q What is the phone number for Judiciary Courts of the Stt? Lynch told The Sentinel on Friday the most recent decision to hear arguments indicates the high court's interest in issues it deems of "significant public concern.". Cheshire Hills Golf Course . 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. 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. 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. non-substantive) matters.". The communications provided nothing of any tactical use to the prosecution, even if Defendant had been able to show Ms. Jipp was aware of them. Kengis was appointed to the circuit court judgeship in March 2018 by then-governor Rick Snyder after the resignation of Judge Kevin Cronin. Click here to contact us for media inquiries, and please donate here to support our continued expansion. 269-226-5014. craig.chindemi@ascension.org. Myrene Koch will replace Robert Kengis as Allegan County Prosecuting Attorney on March 19. Honorable Michael L. Buck . 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. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. They claim that Loew did not receive a fair trial. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. All rights reserved. Share & Bookmark, Press Enter to show all options, press Tab go to next option, Freedom of Information Act (FOIA) Requests, Annual Reports and State of the County Report. Assistant Allegan County Prosecutor Emily Jipp called a state police trooper as her second witness. Allegan County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. The Michigan Supreme Court is providing the information on this website as a public service. He obtained the emails through a Freedom of Information Act request. All Rights Reserved. Betty Kortman . Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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. Judiciary Courts of the Stt is located at 113 Chestnut St in Allegan, Michigan 49010. 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. 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