The Michigan Judicial Tenure Commission (MJTC) has released its 2024 Annual Report, a sweeping document detailing judicial complaints, disciplinary actions, and ethics concerns across the state.
For being a document released with little to no fanfare, it packs a punch; detailing eyebrow-raising misconduct carried out by Michigan Judges.
One notable inclusion, though anonymized, directly involves Allegan County Circuit Judge Marge Bakker and her well-documented ex parte communication with now Former Prosecutor Myrene Koch during People v. Loew.
This case is predominantly featured in the Michigan Judicial Institute Disqualification Benchbook, as an example for disqualification on cases.
Despite the ethical violations and being ousted by voters, Myrene Koch is now working as an Assistant Prosecutor for Berrien County.
The bombshell report reveals what Allegan County residents already know: Judge Marge Bakker exhibits blatant disregard for and carelessness of judicial ethics.
Instead, Judge Bakker engaged in YEARS of ex parte communication and no action was taken by the Judicial Tenure Commission.
What is Ex Parte Communication?
When a judge communicates improperly with one party in a case without the other present, it is a violation of judicial ethics.
While the report does not name Bakker directly, those familiar with local cases will quickly recognize her conduct as one of the anonymized examples.
This is concerning, as Marge failed to recuse herself from cases raised by now Prosecutor Mike Villar, who questioned her ability to be unbiased after she was also caught liking campaign posts made by Myrene’s daughter, Taylor, also a Berrien County Prosecutor.
Upon being challenged, Marge was caught off guard, clumsily stating she was hacked on Facebook, though it was never looked into by law enforcement and charges were never pursued.
Why This Matters
Ex parte communication strikes at the heart of judicial fairness.
Michigan’s judicial ethics rules require judges to maintain impartiality and avoid even the appearance of bias. When a judge communicates privately with prosecutors, defense attorneys, or other parties outside of formal proceedings, it undermines trust in the fairness of the courtroom.
Four years of communication is a misstatement; that level of familiarity was likely longer, and it should raise significant concerns about fairness in the Allegan County Court System under Marge Bakker’s watch.
And the scariest part? This timeframe likely impacts multiple cases, perhaps even notable ones, such as People v. Thorpe.
The Ex Parte woes do not stop with Marge. Other Judges at the time, such as now Former Judge Roberts Kengis, also comfortably engaged in ex parte communications. He was also a former Allegan County Prosecutor.
Why Anonymize?
By featuring and anonymizing such a case in the 2024 report, the MJTC is sending a message: these practices will be documented, tracked, but are never truly allowed to be addressed by voters, with judges’ names being withheld in public-facing materials.
While the MJTC’s public reports anonymize many cases to “protect due process and avoid prejudging outcomes,” they also provide important signals to the public about the kinds of conduct under scrutiny.
in 2024, they took in 622 cases; they closed 586 without action. that is over 94% of cases where they did nothing.
Even without naming Judge Bakker, the inclusion of this example highlights a systemic issue that local communities should be aware of and follow closely, making court watching efforts more important than ever.
De-anonymizing the Annual Report
I for one, am disgusted with the laundry list of ethical issues that are allowed to happen.
As a result, Clutch is launching a brand new series:
I will be working to de-anonymize every last entry in the JTC Reports, creating a first of its kind accountability and transparency initiative in Michigan.
2024 Judges Identified This Far:
- Page 21, Marge Bakker, Allegan County
- Page 25, Lisa Asadoorian, Oakland County
- Page 33, Cylenthia LaToye Miller, Wayne County
2023 Judges
- Page 20, Judge John McBain, Jackson County
- Page 24, Judge Karen Miedema, Ottawa County
- Page 25, Judge Rosemary Acquilina, Ingham County
Next Steps
Local court watchers, legal advocates, and residents, if you care and concerned about judicial fairness should:
- Read the full MJTC 2024 Annual Report linked here
- Track local judicial behavior and reporting channels
- Demand continued transparency and accountability from judges and the MJTC alike
- Reach out to me with your stories.
Michigan’s courts belong to the people.
And it’s up to all of us to make sure they uphold the trust we place in them.
