Midland County Judge Terry Johnson has been suspended from office with pay by the State Commission on Judicial Conduct because of a pending criminal matter stemming from allegations that he improperly posted a document containing a resident’s personal identifying information.
The suspension took effect on Wednesday, according to the commission’s website. Johnson has been suspended from performing his duties as county judge but has not been removed from office.
Under the commission’s rules, a judge may be suspended if indicted for a felony or charged with a misdemeanor involving the judge’s position.
The suspension follows Johnson’s August 19 arrest, after a grand jury indicted him on two counts of misuse of official information, fraudulent use of identifying information involving fewer than five items, and abuse of official capacity.
Johnson posted a $7,500 bond and was released.
What Led to the Criminal Charges
The criminal case centers on a document Johnson posted to his Facebook page that allegedly contained the Social Security number and driver’s license number of Midland County resident and citizen journalist Christino Rodriguez, who is also known online as “Nino America.”
Rodriguez had filed a federal civil rights lawsuit alleging Johnson disclosed his personal information in retaliation for his criticism and reporting about Midland County government.
According to the lawsuit, the alleged disclosure came shortly after Rodriguez posted information on social media concerning federal lawsuits involving the county, including a case that resulted in a $150,000 settlement with a former county employee.
The lawsuit alleges Johnson used his position to obtain confidential government records and then posted Rodriguez’s information online. Rodriguez claimed the disclosure exposed him to potential identity theft, caused emotional distress, and harmed his reputation.
The allegations have not been proven in court.
Johnson Denies Wrongdoing
Johnson, through his attorney, has denied the allegations and said he did not know the document contained Rodriguez’s Social Security number or driver’s license number when he posted it.
His attorney said Johnson learned about the information about 30 minutes after the post was published and removed it after becoming aware of the sensitive information.
Johnson also took and passed a polygraph examination concerning his claimed lack of knowledge, according to his attorney.
The attorney said Johnson posted the document to challenge Rodriguez’s credibility, citing what Johnson described as Rodriguez’s criminal history and felony convictions. Johnson maintained that he did not intend to harm Rodriguez.
His defense also argues that the document contained information available through the Midland County Courthouse and that Johnson did not obtain or use it through an unauthorized means.
Johnson further contends that briefly publishing a public record did not constitute an abuse of his official capacity.
Separate Lawsuit Seeks Johnson’s Removal
The criminal case is separate from a civil lawsuit seeking to remove Johnson from office.
Midland County District Attorney Glenn Harwood has called for Johnson to step down and filed a lawsuit seeking his removal. Midland ISD Trustee Brandon Hodges also joined the legal action, filing a complaint against Johnson with the Texas State Commission on Judicial Conduct.
The earlier federal lawsuit filed by Rodriguez alleges violations of the First and Fourteenth Amendments, the federal Driver’s Privacy Protection Act and Texas law. Rodriguez is seeking damages, attorney’s fees and other relief.
Attorney James E. “Trey” Trainor III, who represents Rodriguez, said the case raises questions about whether a government official can use the authority of public office to retaliate against a citizen for protected speech.
Johnson has previously refused calls to resign.
The judicial conduct commission’s suspension does not itself determine Johnson’s guilt or innocence in the criminal case. His ultimate status as Midland County judge remains subject to the pending legal proceedings.
