Wednesday, March 17, 2021

Oversight board disbars former Livingston County Judge Theresa Brennan

by Ken Palmer

Former Livingston County District Judge Theresa Brennan was disbarred this week, more than a year after pleading guilty to a perjury charge stemming from a lengthy ethics investigation.

Brennan consented to the disciplinary action by the state Attorney Discipline Board, acknowledging the felony conviction.

Former Livingston County
Judge Theresa Brennan
Brennan was removed from the bench in June 2019 after the state Supreme Court found she committed eight instances of misconduct.

The state Attorney Grievance Commission said she failed to disclose her close personal relationships with a former Michigan State Police detective and a local attorney who were involved in cases in her court.

Investigators also said Brennan tampered with evidence in her own divorce case by trying to remove data from a cell phone and then lied about it. They also said she delayed recusing herself from the case so she could dispose of evidence.

Brennan was charged with perjury, misconduct in office and tampering with evidence after a separate, criminal investigation

Her law license was automatically suspended when she pleaded guilty to perjury on Dec. 3, 2019. The other two charges were dismissed as part of a plea deal.

The former judge was sentenced to 18 months' probation, including six months in jail, and 200 hours of community service. She served almost all of her jail sentence before being released in June 2020.

A focus of the ethics investigation was Brennan's close relationship with a state police detective who led the investigation into the murders of Richard and Brenda Kowalski.

Brennan presided over a jury trial for Richard's brother, Jerome Kowalski, who was convicted in connection with the murders in 2013. 

Those convictions were overturned in light of the ethics allegations and criminal charges against Brennan. Jerome Kowalski is awaiting a new trial.

The order of disbarment is effective March 18. 

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