Arraignment has been set for a Livingston County judge facing a three-count indictment alleging she perjured herself and destroyed evidence.

The Michigan Attorney General's Office filed charges last week against 53rd District Court Judge Theresa Brennan. Michigan State Police say she lied during a deposition about erasing data from her iPhone shortly after her ex-husband filed for divorce in 2016. Brennan will be arraigned tomorrow morning at 9am at the 53rd District Court in Howell. The Supreme Court Administrator has appointed Judge G. David Guinn of the 67th District Court to oversee the litigation. He will appear by polycom (speakerphone) tomorrow.

Meanwhile, Brennan is accused of unethical acts that could lead to her removal from the bench. The Michigan Judicial Tenure Commission says Brennan used staff to perform personal services and failed to disclose a relationship with a police officer during a murder case. Former State Police Detective Sean Furlong was the chief prosecution witness in the 2013 murder trial of Jerome Kowalski, over which Brennan presided. Testimony and other evidence that came to light during Brennan’s divorce indicated the pair engaged in an affair before, during and after the trial. They have both denied that and said the affair began only after the trial was over. A special master heard evidence in the case in October and will write an opinion. The Judicial Tenure Commission will then make a recommendation to the Michigan Supreme Court, which could result in her removal from the bench. (JM)