What to know: Midland County commissioners will hold a special meeting Wednesday, Sept. 2, to appoint an acting county judge after the State Commission on Judicial Conduct (SCJC) suspended County Judge Terry Johnson from office with pay on Wednesday, Aug. 26.

The commission suspended Johnson under Article V, Section 1-a(6)A of the Texas Constitution, which allows the commission to suspend a judge from office when the judge has been indicted for a felony or charged with a misdemeanor involving official misconduct. Johnson was indicted by a Midland grand jury on four criminal counts on Wednesday, Aug. 19.

The suspension means Johnson cannot perform his duties as county judge, including presiding over Commissioners Court. He will continue to receive his county salary while the suspension remains in effect. The commission does not appoint someone to perform Johnson’s duties, leaving the vacancy for the Commissioners Court to fill.

Midland County District Attorney Glenn Harwood filed a complaint with the SCJC on Monday, Aug. 3, requesting Johnson’s removal from office.

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Catch up quick: The criminal counts stem from a since-deleted post on Johnson’s personal Facebook page that displayed information about a Midland County resident from a law-enforcement database. According to court records, Johnson admits making the Facebook post but disputes how he obtained the document and whether his possession and use of it were unlawful.

An indictment means a grand jury found enough evidence, known as probable cause, for the state to prosecute Johnson. It is not a finding that Johnson is guilty. A conviction requires the state to meet the much higher standard of proving guilt beyond a reasonable doubt.

Regardless of how the criminal case ends, Johnson was already set to leave office in January. He finished third in the March Republican primary, and Jay Marquez subsequently won the Republican nomination and faces no Democratic opponent in November.

What’s next: During the court’s Aug. 18 meeting, commissioners acknowledged the bond and oath paperwork for County Judge-Elect Jay Marquez, a routine step normally completed before an elected county judge takes office in January.

Marquez has therefore already satisfied the requirements necessary before serving as county judge, making him eligible for commissioners to appoint as acting county judge before his elected term begins.