Grievances were
filed with the Judicial Tenure Commission against 53rd District Judge Theresa
M. Brennan by the Livingston County prosecuting attorney and a local attorney. On
June 12, 2018, after an investigation, the Commission filed Formal Complaint
No. 99 in the Supreme Court. The Court appointed retired Wayne Circuit Judge
William J. Giovan as master. Following the filing of an amended complaint, the
master conducted several days of hearings in October 2018. A second amended
complaint was filed, and, while it dismissed some charges, it raised additional
claims that required an additional day of hearing. The master issued his
findings of fact and conclusions of law. He found, among other things, that respondent
tampered with evidence in her divorce case, lied under oath during the
Commission and other proceedings, failed to disclose a close personal
relationship with a witness in a homicide case, failed to disclose a close
personal relationship with an attorney who appeared before her, used her court
staff to work on her judicial campaign during work hours, used her staff to
perform personal tasks for her, and demonstrated persistent abuse of attorneys,
litigants, witnesses, and staff. The Commission filed a petition for interim
suspension without pay. On February 27, 2019, the Court suspended respondent
with pay. Respondent filed objections to the master’s report, and the examiner responded.
Respondent filed a motion to disqualify the Commission, arguing that the filing
of the petition for interim suspension showed that the Commission had prejudged
the case. The Commission denied the motion. A hearing was held at which the
Commission heard objections to the report, and it issued its decision, recommending
respondent’s removal from office, and ordering her to pay costs based on her
intentional misrepresentations and misleading statements made to the
Commission. Respondent has filed a petition to reject or modify the
Commission’s recommendation, and the Commission has responded. The Court has ordered
oral argument to be heard on the petition and the response on June 19, 2019.