The Michigan Judicial Tenure Commission today accused Lvingston County District Judge Theresa Brennan of misconduct, claiming she failed to disclose her relationship to a State Police sergeant, failed to disqualify herself from some cases and lied to investigators who questioned her.
Brennan's actions constitute a "pattern of misconduct in violation of the code of judicial ethics," wrote Lynn Helland of the Tenure Commission.
Brennan did not return a phone message left with her secretary seeking comment.
Brennan has been under fire for more than year, since she acknowledged in a divorce deposition that she had an affair with State Police Sgt. Sean Furlong, who was the lead investigator in a murder trial she was hearing.
Brennan insists the affair began after the January 2013 trial of Jerome Kowalski was over, though text messages show she and Furlong were communicating after-hours while the trial was ongoing.
Brennan faces other legal troubles as well. In May 2017, Michigan State Police executed a search warrant on her chambers and her home, collecting evidence as part of a criminal investigation. No one has been charged in that case.
According to the Tenure Commission complaint, Brennan failed to disclose the closeness of her relationship with Furlong, which she described as "nothing more than a friendship."
She also failed to disclose other relationships, including one with an attorney friend, Shari Pollesch, who did work for Brennan's then-husband and another with a court employee and friend, Francine Zysk, who volunteered on Brennan's campaigns.
Brennan also is cited for having a staffer, Kristi Cox, do errands while on the clock. The errands included things like fetching breakfast, washing and gassing up Brennan's car, banking and scheduling personal appointments for "manicures, pedicures, and waxing."
Brennan has 14 days to respond to the complaint. She could face a trial of sorts before the Tenure Commission, which can recommend discipline in her case.
Only the Michigan Supreme Court can order discipline, including removal from the bench, for judges.
Contact John Wisely: 313-222-6825 or jwisely@freepress.com. On Twitter @jwisely.
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