Field was arrested in the fall of 2017. The emails were unearthed by Allegan-based attorney Michael Villar, who was challenging County Prosecutor Myrene Koch's re-election bid in summer 2020. Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. Free viewers are required for some of the attached documents.They can be downloaded by clicking on the icons below. Circuit Judge Roberts Kengis recused himself because he was the county prosecutor when charges were filed against Loew. Allegan County Circuit Judge Margaret Zuzich-Bakker (MLive File Photo)Emil Lippe | MLive.com. All rights reserved. The half hour hearing Friday afternoon featured Field being sworn in and agreeing to the no contest pleas on the seven charges. In a hearing Thursday, Judge Roberts Kengis alerted the attorneys tohis history with the case. 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. Bakker was immediately appointed chief judge and served 11 years as chief judge. The prosecutor said the emails and information were not shared with the assistant prosecutor trying the case. Dissenting Justice Michael Riordan said reasonable minds could conclude that Bakker was biased in favor of the prosecution. 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]. Recount in Allegan County prosecutor race confirms same winner by 17 votes, Judge said man who killed 3 women should never go free but felon seeking parole after 48 years, Family of WMU student slain in 1972 awaits killers parole ruling. 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 emails were something between idle chat and administrative communication.. Honorable Roberts A. Kengis . Copyright 2023, Wilcox Newspapers. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. 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. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit 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, 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. 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. The sentences run concurrently. A more recent docket listing may be available from PACER . Myrene Koch will take over for current prosecutor, Roberts Kengis on March 19. 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 County Prosecutor Myrene Koch disagreed with the retrial order and said her office is considering an appeal. Before that, she worked 28 years as an assistant prosecutor, the last eight as chief prosecutor. Kengis and Bakker have worked closely together over the years when making final decisions on a variety of issues. Chief Circuit Court Judge, Honorable Margaret Zuzich Bakker By using this website, you agree to comply with all of the terms of use . 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. The case was tried by assistant prosecuting attorney Emily Jipp. The defense said the emails show misconduct. Click here to contact our editorial staff, and click here to report an error. 48th Judicial Circuit Court The plea agreement was announced Friday afternoon in a court hearing before Judge Roberts Kengis. Koch a 1992 graduate of Michigan State received her JD from Thomas M. Cooley Law School in 1999. 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. Dont they have detectives with MSP anymore?. In the emails, Bakker wrote to Koch: "This trooper didnt do a very good investigation. Jennifer Garcia. 2023 www.hollandsentinel.com. He was sentenced last November to at least 20 years in prison. Example video title will go here for this video. We routinely discuss cases with the victims, said Cass County Prosecutor Victor Fitz. Friday, Judge Kengis kept Fields bond the same. Gov. 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. Michigan is one of 43 states that hold elections for judicial positions. Briefs in the case are expected to be filed within the coming months, at which point oral arguments will be scheduled. If you would like to help our coverage scope grow, consider donating to Ballotpedia. *Not location specific. prosecutorial candidate Michael Villar accused his opponent, Your California Privacy Rights / Privacy Policy. 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. 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. 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. On Jan. 1, the Michigan Supreme Court announced Judge Roberts Kengis would replace Bakker in supervising the 48th Circuit Court. 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. Koch previously told The Sentinel she never discussed the emails with Jipp. Allegan County Circuit Court Judge. 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 . Kengis replaces Judge Margaret Zuzich Bakker who had been elected to the circuit court in 2010. JUDGES OF MICHIGAN . Judge Kengis is an Allegan Circuit judge who was assigned the case when Cass County Circuit Judge Mark Herman recused himself. 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. Villar, a private practice attorney, later lost the electionby a handful of votes. 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. 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. YouTubes privacy policy is available here and YouTubes terms of service is available here. Koch has served as an assistant prosecutor since July of 2002, and as the Chief Assistant Prosecutor since last June. 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. To learn more about judicial selection in Michigan, click here. Beginning January 1, 2022, Judge Roberts Kengis assumed the chief judge leadership of the 48 th Circuit Court. If any of these apply to you, contact the court to verify they observe the exemption. SMC completed its investigation in late September 2017 when they fired Field. I will add that this case was decided by a jury based on the evidence presented in the courtroom. Contact her at sarah.leach@hollandsentinel.com or follow her on Twitter @SentinelLeach. 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 investigation of Field began earlier that summer after the victim told college officials about Fields actions against her. Koch and her husband married in 1993. 2023 www.hollandsentinel.com. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. The two then exchanged several emails about the lack of a medical exam. Plaintiff Jonathan King Meyer filed a pro se complaint pursuant to 42 U.S.C. 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 Bakker did not submit a request to be reappointed which left an opening for 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 Michigan Supreme Court votes on the appointment of chief judges for Michigan courts every two years. 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 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. Sarah Leach is editor of The Holland Sentinel. Marcia Johnson. Field had been a popular instructor at the college before his dismissal. My office is contemplating an appeal. Kengis was the chief prosecuting attorney when Loew was charged with criminal sexual conduct in 2018. Appeals from the Western District go to the United States Court of Appeals for the 6th Circuit. She said the jury reached the decision. The same date Kengis starts as a Circuit Judge. They have four children. Honorable Michael L. Buck . 3283 122nd Ave. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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 Michigan Circuit 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. ALLEGAN - Allegan County Commission chairman James Storey points out the Allegan circuit should have a third judge position. 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.. Subscribe:Get unlimited access to our local coverage. Bowman, 72, is charged with her murder. ", Bakker wrote back, "One more question this victim was not referred for a medical, do you know why?". "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. 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. 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.". Dont they have detectives with MSP anymore? Justices Christopher Murray and Jane Markey were in the majority, saying the emails didnt provide an advantage to the prosecution. Rick Snyder on Wednesday, Feb. 28 . The murder was onlyconnected to Bowman in 2018 when detectives used a genealogy database searchingtechnique toidentify a DNA sample from the decades-old case. More:Appeals court walks back new trial for man after prosecutor, judge emailed during trial. Cookie Settings/Do Not Sell My Personal Information. The Michigan Supreme Court will ultimately decide after agreeing to hear oral arguments in the case of Daniel Loew. According to testimony from detectives, Bowman claimsthat he and Aundria physically fought and Aundria fell down the stairs, breaking herneck. The victim was a student of Fields at SMC and also went to him for counseling at the Family Center in Dowagiac. Apply today! The status of those grievances is unknown, as the merits of Loew's appeal are still pending. Circuit Court Judge, Honorable Michael Buck Michigan Probate Courts, Courts in Michigan Michigan judicial elections Judicial selection in Michigan. Have a news tip? Bakker was Allegan Countys first female circuit court judge. His case was bound over for a jury trial in Allegan County's 48th Circuit Court last month. The same date Kengis starts as a Circuit Judge. He was sentenced to a minimum 20 years in prison on each charge. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. Presiding Family Court Judge, Allegan County, Michigan The point is she tried. 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. Soon after election, she was appointed as chief judge, a position she has held for 11 years. Lynch responded: Thats not the point. He was elected to a six-year term in 2020. 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. 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; } He was convicted of five counts of criminal sexual misconduct and sentenced to at least 20 years in prison. Michigan District Courts I did not discuss those communications with the Assistant Prosecutor trying the case. The defense has not pointed to any ruling showing the judge to be compromised or biased, she said. After the emails were discovered, Villar saidhe filed complaints against Koch and Bakker with the Michigan Judicial Tenure Commission and Attorney Grievance Commission, respectively. Loews attorneys are alleging prosecutorial misconduct occurred based on the emails, which they say they learned of in June. Bakker was Allegan County's first female circuit court judge. 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. . Allegan, MI 49010, Design By Granicus - Connecting People & Government. Before taking the bench, Kengis served as the elected prosecuting attorney for Allegan County. 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. 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. 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. Ascension Borgess Allegan Foundation Director . 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. 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 victim was 13 at the time of the first reported assault. In August, Bakker also recused herself from hearing the motion for a new trial. Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens. 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.. 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. She became a judge on Jan. 1, 2010. 57th District Court Honorable Joseph S . 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. 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. The same date Kengis starts as a Circuit Judge. "We think the court wants to hear and have robust conversations on these issues. Please enable JavaScript in your browser for a better user experience. Community Rules apply to all content you upload or otherwise submit to this site. .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 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. "The recommendation was timely as Chief Judge Kengis advises the number of potential jury trials awaiting scheduling is over one hundred. 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. 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. 269-226-5014. craig.chindemi@ascension.org. "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. Although Koch didn't directly prosecute the case for the county, she was the supervisor of the assistant prosecutor who did. Dobrich said Allegan Circuit Judge Roberts Kengis will preside over the trial, which will take place in Cassopolis. The Michigan Supreme Court made their current appointments to the courts across the state. Six-Year term in 2020 least 20 years in prison Villar lost the electionby a handful of votes Judge Allegan. 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