MIDLAND COUNTY, Texas (Big 2/Fox 24) – The Midland County Attorney’s Office has filed a motion to dismiss the lawsuit against County Judge Terry Johnson.
According to an update Thursday, County Attorney Russell Malm has filed a motion to dismiss the lawsuit filed by District Attorney Laura Nodolf against Johnson regarding the County’s budget.
In the counter from Malm, he claims the District Attorney does not have the jurisdiction to file suit against the County Judge and says because the budget was not submitted before the end of July does not mean Johnson violated Texas law.
Nodolf filed the lawsuit this week, which claims Judge Johnson “has a ministerial duty to prepare and filed a budget by July 31 of every year and has failed to do so every year he had been in office.”
The DA declined to comment on the lawsuit Wednesday, saying “I will not comment on pending litigation so as to maintain the integrity of the judicial process.”
Meanwhile, Judge Johnson said Thursday he followed the procedure and turned the budget over to the County Auditor for review based on the County Budget Calendar.
“…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 Laura 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 against the previous County Judge. 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,” Judge Johnson said in a statement Wednesday.
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