Livingston County District Court Judge Theresa Brennan has been charged with perjury and other offenses by the Michigan Attorney General's office, according to a charging affidavit.

The felony charges were authorized by 67th District Court Judge Nathaniel Perry III in Genesee County, Schuette spokesperson Andrea Bitely wrote in an email.

The charges include one count each of perjury, tampering or destroying evidence and misconduct in office, Bitely wrote in an email.

The perjury charge is punishable by up to 15 years in prison, while the charge of tampering or destroying evidence is punishable by up to four years in prison and a $5,000 fine, and the charge of common law offenses is punishable by up to 5 years in prison and a $10,000 fine.

Brennan is accused of destroying or tampering with evidence in a Circuit Court case and using her office to enable her to destroy evidence, according to the affidavit released by Attorney General Bill Schuette's office.

It's not clear whether Brennan has been arraigned on the charges. The 67th District Court could not be reached for additional information on the charges.

A message was left with Brennan's attorney, Dennis Kolenda.

Michigan State Police began a criminal investigation in the spring of 2017, executing search warrants at her county office and her home.

Schuette's office alleges Brennan gave false testimony regarding a cell phone that was considered a marital asset and that she tampered with evidence in an official proceeding. It also said she committed misconduct by failing to immediately recuse herself from her own divorce case and used the delay to dispose of evidence.

In an affidavit filed in support of the warrant request, state police Detective Sgt. Brian Reece said the phone was an iPhone 6 provided to her by her then-husband Don Root's company and that evidence on that phone was destroyed.

Tenure Commission complaint ongoing

The Livingston Daily reported in April of 2017 that Brennan was under investigation by the Judicial Tenure Commission after transcripts from depositions in her divorce proceedings indicated she was having an affair with Michigan State Police detective Sean Furlong during the Kowalski trial.

The Tenure Commission filed a wide-ranging complaint against Brennan in June, accusing her of 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, among other issues. This year, the Michigan Court of Appeals removed her from a divorce case, citing hostile behavior toward the defendant in the case.

Special master and retired judge William Giovan concluded an evidentiary hearing last month that lasted nine days, and is expected to issue an opinion on the Tenure Commission's complaint in the coming weeks.

Depending on Giovan's findings, the Tenure Commission could eventually ask the state Supreme Court to discipline Brennan. The Supreme Court can discipline Brennan up to and including removing her from office.

Brennan was removed from her caseload on June 13, but continues to be paid while the complaint process plays out.

Impeachment effort underway

Local state representatives Lana Theis, Hank Vaupel and Jim Runestad introduced a resolution in the state House in September calling for the impeachment Brennan.

The resolution is pending in the House Committee on the Judiciary. If the resolution is approved by the state House, an impeachment trial would take place in the Senate. If convicted, Brennan would be removed from office.

The representatives cited alleged corrupt conduct in office, crimes and misdemeanors as the reason for the resolution. In June, Vaupel and Theis joined six county commissioners calling for Brennan to step down, just days after Hune called for her resignation.

Brennan was being sued by Livingston County, which claims she abused her authority by using court employees “as free labor” to perform personal tasks while being paid by the county. That lawsuit has since been dropped.

Former Livingston County Circuit Judge Daniel Burress has requested a grand jury investigation into Brennan’s conduct, an effort that is continuing to wind its way through the courts.

Kayla Daugherty contributed to this report. Contact her at 517-552-2848 or kdaugherty@gannett.com. Follow her on Twitter @KayDaugherty92. Contact Livingston Daily reporter Sean Bradley at 517-552-2860 or at spbradley@livingstondaily.com. Follow him on Twitter @SbradleyLD.