What happened: Midland County commissioners voted Wednesday, Sept. 2, to appoint judge-elect Jay Marquez as acting county judge while County Judge Terry Johnson remains suspended from office. Marquez won the Republican county judge nomination after a May runoff and faces no Democratic opponent in November, effectively making him the county judge-elect.

County Attorney Russell Malm told commissioners they were not legally required to appoint an acting judge, but appointing Marquez means the county will pay both Johnson and Marquez a county judge’s salary while Johnson’s paid suspension continues. The appointment costs the county roughly $44,000 in additional salary.

Catch up quick: The State Commission on Judicial Conduct (SCJC) suspended Johnson from office with pay on Aug. 26, one week after a Midland County grand jury indicted him on four criminal counts. The suspension prevents Johnson from performing his duties as county judge, including presiding over Commissioners Court, but he continues receiving his county salary.

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. Johnson was already set to leave office in January at the end of his term.

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The big picture: Before the vote, Commissioner Charles Hall said he had fielded several calls from residents questioning whether the county needed to appoint an acting judge at all. Hall said he had told callers the law required an appointment, but Malm clarified that the court was not required to fill the position.

“It’s an option for the court,” Malm said.

The appointment means the county will now pay two people the county judge’s salary simultaneously while Johnson remains suspended. According to the county’s 2025-26 adopted budget, the county judge’s salary is $130,600. The proposed salary for fiscal year 2026-27 is $133,300.

If Johnson’s suspension lasts through the end of his term, paying Marquez a second county judge salary through December would cost the county roughly $44,000 in additional salary.

What’s next: Johnson’s arraignment in the 142nd District Court is scheduled for Sept. 11. The county will continue paying both Johnson and Marquez a county judge’s salary while Johnson remains suspended and Marquez serves as acting judge, potentially through the end of Johnson’s term in December.