Judge Theresa Brennan removed from all cases 'immediately and until further notice'

Kayla Daugherty | Livingston Daily

District Court Judge Theresa Brennan's caseload "has been removed and re-assigned effective immediately and until further notice," officials said in a news release Wednesday.

The decision came one day after the Michigan Judicial Tenure Commission filed a wide-ranging complaint of misconduct and other wrongdoing against Brennan.

Livingston County Chief Judge Miriam Cavanaugh said she was acting pursuant to MCR 8.110(c) and in deliberation with the other Livingston County judges in making the decision.

"We recognize Judge Brennan is entitled to due process of law and a hearing on allegations against her," according to the news release. "However, judges are held to a higher standard of conduct so that the integrity and independence of the judiciary may be preserved"

The 53rd District Court in Brighton was closed Wednesday, according to a sign on the door, which indicated the court was also closed Monday and Tuesday and will be closed Friday.

It was not immediately clear when the Brighton courthouse would reopen.

The Tenure Commission filed its formal complaint Tuesday.

The commission accused Brennan of misconduct in office, misusing her office for personal advantage or gain, failing to maintain high standards of conduct, failing to respect and follow the law and allowing social and other relationships to influence her conduct or judgment.

It also said she used the prestige of office to advance her personal business interests and failed to be “patient, dignified and courteous” to lawyers.

More:

Judge Theresa Brennan faces formal complaint for misconduct in office

Retired Livingston County judge asks for grand jury to review Brennan behavior

Calls for Brennan's resignation grow as state legislators, county commissioners join chorus

Brennan has not responded to a request for comment.

The Michigan Supreme Court is considering who will be appointed to oversee the case and will make a decision soon, John Nevin, communications director for the Michigan Supreme Court, said.

The Livingston Daily reported in April of 2017 that Brennan was under investigation by the JTC after transcripts from depositions in her divorce proceedings showed she was having an affair with a Michigan State Police detective Sean Furlong, the lead investigator in a murder trial she presided over. Police searched her home and office in May of 2017. Furlong retired from the Michigan State Police last year. Brennan has been on the district court bench since 2005.

The murder trial during which Brennan was having an affair involved Jerome Walter Kowalski, who was convicted to killing his brother and sister-in-law in their home in 2008. In May 2013, Brennan sentenced Kowalski to life in prison

Livingston County Prosecutor Bill Valliencourt said Tuesday he is reviewing the criminal case.

In recent days, calls for her resignation have intensified, coming from both state legislators and county elected officials.

Last month, the Michigan Court of Appeals removed Brennan from a divorce case citing her "egregious" behavior and saying she showed "apparent hostility" toward the defendant in the case. The case was sent to a different judge.

Kizer represented Brennan's now ex-husband, Don Root, in the couple's divorce.

Brennan is also named as a defendant in a federal lawsuit filed by Zysk which alleges she refused to communicate with Zysk regarding a court-related matter and was a "bully of epic proportions."

And in recent weeks, retired Judge Daniel Burress requested a grand jury investigation into Brennan’s behavior.

Brennan has 14 days to respond, and a master's report will be filed after a formal hearing is held. The commission can either dismiss the complaint or recommend sanctions to the Michigan Supreme Court, which has the authority to issue any formal decision.

Contact Kayla Daugherty at 517-552-2848 or kdaugherty@gannett.com. Follow her on Twitter @KayDaugherty92.