What happened: Midland County District Attorney Glenn Harwood on Thursday, Aug. 6, called for Midland County Judge Terry Johnson to resign over allegations of potential criminal conduct. Harwood said he filed a complaint on Monday with the State Commission on Judicial Conduct and a civil petition on Thursday seeking Johnson’s removal from office under Chapter 87 of the Texas Local Government Code.

Johnson is already set to leave office in January 2027. Jay Marquez won the Republican runoff for county judge in May and faces no Democratic opponent in November, effectively making him the county judge-elect. The removal proceedings therefore concern whether Johnson remains in office for the final few months of his term.

“The law requires that any civil suit to remove an elected official be referred to a district judge and prosecutor from another county,” Harwood said. “That judge and that prosecutor will decide whether to proceed with the civil lawsuit. If they proceed with the lawsuit, that district judge will decide whether to suspend Terry Johnson while the lawsuit proceeds.”

The bottom line: Nothing filed so far removes Johnson from office. Whether the case moves forward will be decided outside Midland County, and any permanent removal would ultimately require a Midland County jury’s approval.

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Catch up quick: The allegations trace back to a since-deleted post on Johnson’s personal Facebook page that displayed what Harwood says was a confidential 2015 arrest-warrant document for a Midland County resident. Harwood said he became aware of the allegations on July 18.

“An elected official used his position to get a document he wasn’t supposed to have, and then he used it in an inappropriate way and in an illegal way,” Harwood said.

The big picture: Chapter 87 of the Texas Local Government Code requires that because Harwood filed the petition, the case must leave Midland County. Harwood said it will go to the presiding judge of the Seventh Administrative Judicial Region, Judge Ben Woodward of San Angelo.

Woodward will either hear the case himself or assign it to another district judge from outside Midland County. An outside prosecutor will also be appointed to decide whether to pursue the removal petition.

If the case moves forward, the assigned judge may temporarily suspend Johnson and appoint someone to serve in his place while the lawsuit is pending. Permanent removal would require a Midland County jury to find legal grounds for removal, and any verdict could be appealed.

Harwood said any Midland County resident could have filed the removal petition, but he believes his office was best positioned because it had the most information. He also emphasized that district attorneys are state officials rather than county officials, meaning he does not report to or serve under the county judge.

Go deeper: Harwood also filed a complaint with the State Commission on Judicial Conduct, which oversees Texas judges, including county judges. Harwood said the commission has the authority to suspend Johnson and recommend his removal from office. However, it cannot appoint someone to replace Johnson. Only the district judge handling the Chapter 87 removal case has that authority.

What’s next: No criminal charges have been filed, and Harwood repeatedly declined to say whether any criminal investigation exists.

“As always, everyone involved retains the presumption of innocence,” Harwood said.