Editor’s note: The Permian Press reviewed the publicly available documents from cases DCR-26-00807, DCV-26-01527, and DCV-26-01450 for this article.

What happened: Midland County Judge Terry Johnson was indicted Wednesday, Aug. 19, on four criminal counts stemming from a since-deleted post on his personal Facebook page that displayed information about a Midland County resident from a law-enforcement database. Johnson surrendered, was arrested, and was released on a $7,500 bond the same day the indictment was filed.

District Attorney Glenn Harwood described the document Johnson published as confidential law-enforcement information. 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.

Court records identify the document as a report titled “Midland County Warrant Services Name Summary,” generated from a law-enforcement database. The records state that Johnson obtained the report from the chief of Midland County Warrant Services.

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Why it matters: 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 Texas grand jury consists of 12 citizens, and at least nine must agree to indict. A conviction requires the state to meet the much higher standard of proving guilt beyond a reasonable doubt.

The charges center on whether the information Johnson posted was public and whether he used it with the intent to harm or defraud another person. The indictment alleges both.

Regardless of how the case ends, Johnson will 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.

Despite the title, the Midland County judge is not a courtroom judge and does not decide criminal cases. The position is more comparable to a city’s mayor and presides over the Commissioners Court.

The big picture: The indictment contains four counts arising from the same alleged conduct. It does not list the statute numbers or offense levels, but its charging language tracks the following provisions of the Texas Penal Code:

  • Count 1 – Misuse of Official Information: The charge tracks Texas Penal Code 39.06(b), which prohibits a public servant from using or disclosing information obtained through the person’s office that has not been made public when done with intent to obtain a benefit, to harm, or to defraud another.
  • Count 2 – Misuse of Official Information: This tracks Penal Code 39.06(c), which prohibits soliciting or receiving nonpublic information from a public servant with intent to obtain a benefit, harm, or defraud another.
  • Count 3 – Fraudulent Use or Possession of Identifying Information: This charge tracks Penal Code 32.51(b), which prohibits obtaining, possessing, transferring, or using another person’s identifying information without consent and with intent to harm or defraud.
  • Count 4 – Abuse of Official Capacity: This count tracks Penal Code 39.02(a)(1), which prohibits a public servant from intentionally or knowingly violating a law relating to the person’s office with intent to obtain a benefit, harm, or defraud another.

What’s next: Criminal cases can take months to resolve, meaning Johnson’s term could end in January while the criminal case is still pending. A plea or other resolution could conclude the case sooner.

The criminal case was filed in Midland’s 142nd District Court. Judge David Rogers administered Johnson’s magistrate’s warning on the day of his arrest and recused himself the following day. No order assigning another judge appears in the case file yet, although the docket lists an arraignment for Sept. 11 before Judge Leah Robertson.