MYRENE KOCH 2024
Frequently Asked Questions
ALLEGATIONS against Prosecuting Attorney Myrene Koch by C. Michael Villar
1. Villar alleges prosecutor Koch clogs the court system by bringing unnecessary charges:
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First, Prosecutors do not have sole authority for authorizing charges. A district court judge or magistrate must affirm the proposed charges. Second, official statistics do not support the allegation. In 2015, the then prosecutor denied 13.63% of charges brought by law enforcement. In 2022, Prosecutor Koch denied 15.27 percent of all charges — a higher rate of denial. The difference is that Prosecutor Koch denied more charges than her male predecessors, contrary to the Villar allegations.
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2. Prosecutor Koch inflated charges in order to create a judgeship for herself.
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Both civil and criminal dockets in Allegan courts have increased. Prosecutors have no role in civil cases. Further, the prosecutor has no role in creating judgeships. That is the sole authority of the State Court Administrator and the Michigan Legislature. Also, Prosecutor Koch is seeking re-election and not running for the judgeship that Mr. Villar asserts she created for herself.
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3. Prosecutor Koch has applied for appointment to vacant judgeships in 2018 and 2023.
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Prosecutor Koch applied to the Governor for both vacancies when they occurred. Mr. Villar also applied in 2018 but did not pass the first interview. The only 2 candidates who were called to the Governor’s Office for the final round of interviews were Prosecutor Koch and Judge Kengis, who received the
appointment. Mr. Villar did not run for prosecutor in 2016 when there was a vacancy and only chose to do so in 2018 after Prosecutor Koch moved past him for the judicial vacancy.
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4. Prosecutor Koch has inflated the office budget, costing taxpayers unnecessary expenses.
The prosecutor cannot write a blank check. First the county administrator and second, the Board of Commissioners must approve the budget requests
submitted by all county officials including the prosecutor's office. Prosecutor Koch runs an efficient office. The Allegan County Prosecutor's budget in 2024 is $1 ,OOO,OOO less than adjacent counties. For example, smaller population counties such as Newaygo, Isabella, Eaton, and Bay all have larger budgets than Prosecutor Koch's office. Calhoun county, which has a population of only 11, OOO greater than Allegan County has a budget $1.2 million higher than Prosecutor Koch's office.
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5. Villar alleges mismanagement by Prosecutor Koch because of higher than expected staff turnover.
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With every change in prosecutors, there is reassessment and changes in staff composition. Since her election, Prosecutor Koch has seen five assistant
prosecutors Leave for more highly compensated positions. Four assistants left to accept positions closer to their home communities. One assistant retired and another moved out-of-state. Two administrative staff transferred to other county departments. One assistant prosecutor was terminated; two other assistant prosecutors resigned as did one administrative staffer. The Allegan prosecutor's office experience with staff changes is mirrored in other offices. According to a 2022 Prosecuting Attorneys Association of Michigan analysis of the state's prosecutors' staffing crisis, citing 2018 data, 18.2 more assistant prosecutors are merited by the Allegan workload than are currently on the county payroll. The same 2022 study found a statewide shortage of 293 prosecuting attorney assistants. The majority of county prosecutors’ offices in Michigan have high turnover rates.
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6. Villar accusation: Prosecutor Koch and Judge Bakker colluded in a corruption scheme. There are ongoing investigations by the Attorney Grievance Commission and, respectively, the Judicial Tenure Commission.
Untrue. In a detailed twenty-one page opinion, the Michigan Court of Appeals upheld the conviction that was the basis of Mr. Villar's 2020 allegations regarding emails between Judge Bakker and Prosecutor Koch. Further, both the Judicial Tenure Commission and the Attorney Grievance Commission dismissed the Villar allegations of corruption. Mr. Villar knew in 2022 the allegation was dismissed by the grievance commission, yet he recycles the charges two years later.
7. The Michigan State Police started an investigation into a Villar allegation that Fillmore Township mishandled the vote count that caused him to lose the 2020 election.
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The Board of Canvassers did a countywide recount of the 2020 primary election and specifically did a forensic recount of Fillmore township's ballots. Mr. Villar and his agents absented themselves from observing the forensic recount, nor did he file a court proceeding following the recount, which was his right. The recount resulted in a one vote increase in Prosecutor Koch's Fillmore total compared with the first ballot count. Four years later, the state police investigation has yielded no charges.
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8. Prosecutor Koch's won-loss record is suspect.
Reviewing the case statistics for the years 2017 through and including 2023, two to four percent of all cases go to trial. The duty of a prosecuting attorney is to take the difficult cases and give the victims their day in court. The Allegan Prosecutor's average conviction rate for all three courts was approximately 86%, depending upon the year. Specifically on the most serious cases — homicides, child pornography, armed robbery, and torture cases, under Prosecutor Koch, the office has a 100% conviction rate. In addition, when looking at a 2 week period in April 2024, Prosecutor Koch’s Office won convictions in CSC 1 and 2 involving a minor child, a Possession with Intent to Deliver Methamphetamine along with various weapons charges, and a Domestic Violence case.
When Mr. Villar faced the Allegan County Prosecutor's office for trial in court, Prosecutor Koch's office achieved a 100% win record:
A. 9/02/20 - People v. Joshua Thorpe, defense counsel, C. Michael Villar, three counts of criminal sexual contact, 2nd degree jury trial; guilty, Case #13-18428-FH.
B. 03/08/22 - People v, Kevin Thorne, C. Michael Villar, defense counsel, three counts-criminal sexual contact, 3rd degree, jury trial, guilty, Case #21-24233-FH.
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C. 04/12/22 - People v. Nathan Gilliam: 2 counts criminal sexual contact, first degree, jury trial, C. Michael Villar, defense counsel; guilty, Case #21-24087FC
D. 11/10/22 — People v. Jacob Ellis, operating motor vehicle causing death, bench trial, C. Michael Villar, defense counsel, guilty, Case# 21-3700ST.
E. 06/19/18— People v. McFarlane—Michigan Supreme Court affirmed Allegan Circuit Court conviction; 07/15/20 C. Michael Villar, appellate attorney.
F. 03/24/22 — People v. Thorpe, Court of Appeals affirmed Allegan Circuit Court jury conviction; 07/28/22, Ml Supreme Court denied leave to appeal; C. Michael Villar appellate counsel.
Mr. Villar's constant criticisms of my office and me personally are without merit, as several neutral bodies have determined. His smear campaign is the substance of his reason for seeking election as Allegan County Prosecuting Attorney. Mr. Villar recently made the statement you can say whatever you want during a political campaign whether it is true or not because it is protected political speech. First, that is NOT true. And more importantly, shouldn’t a candidate for Prosecuting Attorney show honesty and integrity?
My motivation for seeking a second full term as prosecutor is quite different. I am a crime fighter who is devoted to doing everything within the lawful powers of a prosecutor to protect and serve Allegan County residents. And, I have the documentation to prove all of the above rebuttal statements. My opponent cannot say that.
The legal profession has many discipline subdivisions. I chose the prosecutor division 25 years ago to serve people. I am a politician only as a means to remain the prosecutor who acts in the right way for the right reasons for Allegan County residents.
With your support, I will continue to work with all my heart to keep Allegan County a safe place to live, work and play.
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