A Very Social Judge

The  Michigan Judicial Tenure Commision has filed charges of misconduct against a District Court judge.

She allegedly failed to disclose a relationship with a police officer who was a key witness in a murder case in which she presided

After respondent was assigned to [the] Kowalski [case] she had substantial contact with Detective Sergeant Furlong, including but not limited to the following:

a. Attending bars/restaurants for dinner and/or drinks
b. Dinner and parties at her house
c. Shopping trips
d. Trips to her cottage
e. Sporting events (including but not limited to University of Michigan football games, Detroit Tigers baseball games, and Detroit Red Wings hockey games)
f. Concerts
g. Golfing
h. Detective Sergeant Furlong made multiple closed door visits to respondent’s chambers.

On some of the occasions described above, respondent paid for or provided food, drinks, event tickets, or other expenses on behalf of Detective Sergeant Furlong.

After defense counsel received a letter from a local attorney raising the relationship

During the January 4 conference in chambers, respondent stated to counsel that:

a. She had occasionally gone drinking with Detective Sergeant Furlong in the same way that she did with assistant prosecuting attorneys; and
b. Detective Sergeant Furlong had been to her house.
c. In response to another allegation in the letter, respondent denied that she ever had a sexual relationship with Detective Sergeant Furlong.

Respondent failed to disclose the full extent and nature of her relationship with Detective Sergeant Furlong, by omitting significant social activities respondent engaged in with him before or while Kowalski was pending, including but not limited to:

a. Regular visits to bars/restaurants
b. Shopping trips
c. Trips to her cottage
d. Attending sporting events together (including but not limited to University of Michigan football games, Detroit Tigers baseball games, and Detroit Red Wings hockey games)
e. Attending concerts together
f. Golfing together
g. On some of the social outings, respondent paid for food, drinks, event tickets, or other expenses on behalf of Detective Sergeant Furlong
h. While Kowalski was pending, respondent often spoke on the telephone with Detective Sergeant Furlong, including but not limited to 239 telephone calls between November 3, 2011, and December 28, 2012
i. While Kowalski was pending, respondent routinely exchanged texts with Detective Sergeant Furlong
j. Detective Sergeant Furlong made visits to respondent’s chambers, typically with the door closed.

Respondent’s remarks in chambers on January 4 minimized the nature of her relationship with Detective Sergeant Furlong.

Respondent’s conduct during the in-chambers conference served to conceal the true nature of her relationship with Detective Sergeant Furlong.

Charges involving another friend who is an attorney

During their friendship respondent regularly socialized with Ms. Pollesch, including but not limited to:

a. Respondent and Ms. Pollesch belonged to the same book club, which met monthly, with Ms. Pollesch joining the club at respondent’s invitation
b. Respondent and Ms. Pollesch went to each other’s cottages with the book club
c. Respondent and Ms. Pollesch went to each other’s cottages on a number of occasions in addition to the trips with the book club
d. Respondent went on ski vacations with Ms. Pollesch, both to northern Michigan and to the western United States
e. Respondent traveled to Washington, D.C., with Ms. Pollesch
f. Respondent played in an adult concert band with Ms. Pollesch for several years.

g. Respondent exercised with Ms. Pollesch by taking regular walks with her, meeting both at each other’s houses and at the Brighton courthouse
h. Ms. Pollesch occasionally went to respondent’s house for dinner parties
i. Ms. Pollesch went to respondent’s house a number of times to go swimming while respondent was a judge
j. Respondent and Ms. Pollesch attended bonfires at each other’s houses
k. Respondent attended movies with Ms. Pollesch several times per year
l. Respondent regularly met Ms. Pollesch for lunch
m. Ms. Pollesch attended respondent’s cottage with her husband, while respondent was present
n. Respondent hosted Ms. Pollesch’s wedding at her house in 2002
o. Ms. Pollesch worked on respondent’s campaign for circuit court judge in 2000 and for district court judge in 2006 and 2008
p. Ms. Pollesch attended an election party at respondent’s home in 2008.
q. Ms. Pollesch has, over respondent’s judgeship, been the judge’s closest friend who is a practicing attorney.

The judge allegedly presiding over a number of cases where the attorney and her firm appeared wthout full disclosure of the relationship.

There was an alleged relationship with a probation officer

The socialization included, but was not limited to:

a. Meeting for drinks at local bars or respondent’s home
b. Meeting at local restaurants for dinner
c. Dinner parties at respondent’s or Ms. Zysk’s home
d. Celebrating birthdays
e. Exchanging gifts

 f. Attending sporting events, including Detroit Tigers and Detroit Red Wings games
g. Exercising at a local “boxing facility” on several occasions
h. Shopping for furniture
i. Ms. Zysk and her daughter spending the night at respondent’s house on several occasions from late 2015 through 2016
j. Travel together on a weekend trip to Chicago in February 2016.

She allegedly presided over her friend’s divorce without disclosure.

There is more but the reader gets the gist.

Reddit Bad Lawyer linked to this story from Michigan Radio.

Brennan has also been accused of failing to disclose a friendship with an attorney who argued cases in front of her, using her judicial staff for personal shopping and errands, and in general bullying people who worked with her.

Detroit News reported on the judicial misconduct proceedings.

WXYZ-TV had a video report  that also gives one a sense of her (un)judicial demeanor. (Mike Frisch)