Gavel of Shame

Judge Terry Johnson Suspended, Not Yet Convicted

Deandra M. Grant
Written & Reviewed By Deandra M. Grant, JD, GC, MS, ACS-CHAL Forensic Lawyer-Scientist
Updated September 24, 2026
Read time 6 min
The Short Answer

On August 26, 2026, the State Commission on Judicial Conduct suspended Midland County Judge Terry Johnson from office, with pay, after a Midland County grand jury indicted him on criminal charges tied to a Facebook post that allegedly included a resident’s personal identifying information. Johnson has not been convicted of anything, and the suspension itself is not a finding of misconduct: it is an automatic-style protective measure the Commission can impose whenever a judge is indicted for a felony, and it lifts if the charges are dismissed or he is acquitted. A separate civil lawsuit seeking his removal from office, and a federal civil rights suit from the man whose information was posted, are also still pending. Below: what he is accused of, his defense, and where all three cases stand now.

Judge Terry Johnson Suspended, Not Yet Convicted
CASE FILE AT A GLANCE
Judge Terry Johnson
Office County Judge, Midland County
County Midland County, Texas
CJC Number 26-1425
Commission Action Suspended with pay, pending the criminal case
Suspension Issued August 26, 2026
Criminal Case State of Texas v. Terry Johnson, Cause No. DCR-26-00807, 142nd Judicial District Court
Signed By Ken Wise, Interim Chair, State Commission on Judicial Conduct

What He Is Accused Of

Terry Johnson is the elected County Judge of Midland County, a role that presides over the county commissioners court and carries certain judicial duties as well. According to a civil lawsuit and news reporting, a Midland resident, Christino “Nino America” Rodriguez, had been publicly critical of Midland County government, including a lawsuit that resulted in a $150,000 settlement with a former county employee. In July 2026, a document containing Rodriguez’s personal identifying information, including his Social Security number and date of birth, was posted to Facebook along with a caption reading “Convicted felon trying to be a player.” Rodriguez has since filed a federal civil rights lawsuit alleging Johnson obtained the information from a government records system under the county judge’s office and posted it in retaliation for his criticism of the county.

Johnson has acknowledged under oath that he posted the document. On August 19, 2026, a Midland County grand jury indicted him on two counts of Misuse of Official Information and one count of Fraudulent Use or Possession of Identifying Information, both third-degree felonies, and one count of Abuse of Official Capacity, a Class A misdemeanor. He was arrested by Texas Rangers, booked, and released after posting a $7,500 bond.

Johnson’s Defense

Johnson has pleaded not guilty and disputes that he knew the sensitive personal information was contained in what he posted. His attorney, Daniel W. Hurley, said Johnson removed the post once he learned about its contents, that he never intended to cause harm, and that Johnson took and passed a polygraph examination in which he denied knowing the document contained Rodriguez’s identifying information. Hurley also said Johnson was “disappointed that there appears to be a rush to judgment before a proper investigation was conducted into this allegation.” None of the criminal charges against Johnson have been proven in court, and he is presumed innocent unless and until a jury finds otherwise.

What a Criminal Suspension Actually Means

This is not a public sanction for proven misconduct, the kind covered elsewhere in this series. Under Article V, Section 1-a(6)A of the Texas Constitution and Rule 10(a) of the Disciplinary Rules for Judges and Judicial Candidates, the Commission may suspend a judge with pay whenever the judge is indicted for a felony or charged with a misdemeanor involving the judge’s official duties, regardless of whether the underlying allegations are ever proven. The suspension is a protective, interim measure, not a conclusion that Johnson did anything wrong. It stays in effect only until the charges are dismissed, Johnson is acquitted, or the Commission issues a further order; it carries no finding on the merits either way.

The Charges

Charge As Charged in the Indictment
Misuse of Official Information (two counts) Third-degree felony, alleging Johnson used information he had access to only because of his official position for a purpose the law does not allow.
Fraudulent Use or Possession of Identifying Information Third-degree felony as charged in the indictment, alleging Johnson unlawfully possessed or used another person’s identifying information.
Abuse of Official Capacity Class A misdemeanor, alleging Johnson misused government property, services, personnel, or information he had access to by virtue of his office.

Two Other Pending Proceedings

The criminal case is not the only track. On August 6, 2026, Midland County District Attorney Glenn Harwood filed a separate civil lawsuit under Texas Local Government Code Section 87.018(f) seeking Johnson’s removal from office, joined by Midland elected official Brandon W. Hodges, who had called publicly for Johnson’s resignation weeks earlier. Because the law requires an out-of-county judge and prosecutor to handle a removal suit against a local official, Judge R. Shane Seaton of the 118th District Court was assigned to preside, and Tom Green County District Attorney Allison Palmer was assigned to represent the state. That suit remains pending and is a separate legal question from both the criminal charges and the Commission’s suspension. Rodriguez’s federal civil rights lawsuit, seeking damages for the alleged disclosure, is also still pending.

How It Played in the Press

This one has been closely followed by Midland and Permian Basin television stations throughout: KOSA, KMID/KPEJ, First Alert 7, and NewsWest9 all covered Hodges’ initial resignation call, the DA’s removal suit, the indictment and arrest, and the Commission’s suspension as each development happened. San Angelo Live picked up the story given the Tom Green County prosecutor’s involvement in the removal suit.

Where Things Stand Now

Johnson remains suspended with pay and out of office while the criminal case proceeds; his attorney has said a jury trial could be months away. He has not been convicted of any crime, and the Commission’s suspension order does not purport to decide whether he is guilty of anything. The separate civil removal suit and Rodriguez’s federal lawsuit are both still pending as well. This file will be updated as proceedings move forward.

Facing the System in Texas?

Judges are bound by rules too, and there are systems (conduct commissions, removal suits, and criminal courts) built to hold them to it. Deandra Grant Law handles federal and state criminal defense in Texas.

Call (214) 225-7117 • texasdwisite.com

Sources

PRIMARY SOURCE

  • State Commission on Judicial Conduct, Order of Suspension, In the Matter of the Hon. Terry Johnson, CJC No. 26-1425, issued August 26, 2026. scjc.texas.gov

NEWS COVERAGE

  • San Angelo Live: Midland County Judge Indicted, Arrested on Charges Tied to Facebook Post. sanangelolive.com
  • First Alert 7: Midland County judge suspended by state judicial conduct commission. firstalert7.com
  • First Alert 7: BREAKING: Midland County Judge Terry Johnson arrested. firstalert7.com
  • NewsWest9: Midland County judge surrenders days after admitting under oath to controversial Facebook post. newswest9.com
  • First Alert 7: Midland elected official calls on County Judge Terry Johnson’s resignation. firstalert7.com

REFERENCE

  • State Commission on Judicial Conduct: FAQ. scjc.texas.gov
  • Deandra Grant Law: The Texas State Commission on Judicial Conduct, Explained. texasdwisite.com

Judge Johnson has been indicted but not convicted, and is presumed innocent unless and until a jury finds otherwise. The Commission’s suspension is an interim, protective measure under Rule 10(a) and does not itself find any wrongdoing. The civil removal suit and the federal civil rights lawsuit described here are both pending and unresolved. This post summarizes public records and news reporting for general informational purposes as of publication and is not legal advice.

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Deandra M. Grant
Written & Reviewed By

Deandra M. Grant, JD, GC, MS, ACS-CHAL Forensic Lawyer-Scientist

She holds a Master of Science in Pharmaceutical Science and a Graduate Certificate in Forensic Toxicology, both from the University of Florida. She is the author of The Texas DWI Manual and has defended Texas DWI cases since 1994.

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