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Midland D.A. Laura Nodolf sues Judge Terry Johnson over county budget

The court documents show Nodolf is suing Johnson over the county budget, which she says should have been submitted on July 31.

MIDLAND COUNTY, Texas — Midland District Attorney Laura Nodolf is suing Midland County Judge Terry Johnson over the county's budget.

According to court documents, Nodolf has filed a civil suit against Johnson over not fulfilling the budget in a timely manner during the fiscal year.

The lawsuit states that the county judge must prepare a budget for all county expenditures planned for the upcoming year. 

Additionally, the budget must be completed by the 10th month of the county's fiscal year. The deadline for Midland County is July 31.

"To date, none of those duties or obligations have been fulfilled by [Johnson]," the lawsuit says.

The documents also show that Nodolf alleges Johnson failed to complete the budget for the previous year as well.

Additionally, the lawsuit states that Nodolf asked Johnson to produce the budget as it was his duty, but he "replied that he did not intend to do so."

In the lawsuit, Nodolf is listed as being responsible for the administration of her office, including a budget of nearly $6.5 million. This includes a staff of roughly 60 employees, from prosecutors to investigators and more.

Based on this, the district attorney is "concerned that [Johnson] may attempt to make budgetary adjustments that are contrary to the laws of the State of Texas."

Per the lawsuit, the commissioner's court cannot hold a hearing on the budget before August 17. If the court decides to raise the tax rate above a certain amount, the increase must then be submitted to voters in Midland County.

Nodolf states in the document that any delays of the budget will prevent the county from submitting a proposed tax rate increase to the voters in a timely manner.

"Each day the commissioner’s court is without the proposed budget of the county judge is one less day of deliberation about the budget," the lawsuit states.

Emails included in the lawsuit as an exhibit show that Johnson intended to file the proposed budget on August 6. He also states this has been the practice for the last 10 years, going back to the county judge before him.

When asked about the lawsuit, Judge Johnson released the following statement:

"At a time when everyone is doing their level best to be united, I am disappointed that the District Attorney would choose to sue the Office of the County Judge for a budget she believes is 5 days late.  The County Attorney has advised that we are indeed complying with state law.  Moreover, this process and time line for producing the County Budget has been the practice for the past 10 years.  It begs the question, why now? DA Nodolf has been the District Attorney for the past 6 years.  I've been the County Judge for almost 2 years.  Why sue now and not 6 years, 5 years, 4 years or even 3 years ago.  On the surface it would appear as though the District Attorney has a personal motive for using our limited taxpayer dollars. I hope this is not the beginning of a pattern from the District Attorney. I pray that it is not." 

District Attorney Nodolf has also released a statement regarding the lawsuit:

“As the District Attorney, I have certain statutory duties and ethical obligations per the Texas Disciplinary Rules of Professional Conduct. I take those obligation very seriously. As such, I will not comment on pending litigation so as to maintain the integrity of the judicial process.”

You can read the full court documents below.

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