MIDLAND, Texas — For the first time in over 30 years, an elected official is suing another elected official in Midland County.
District attorney Laura Nodolf is suing Midland County Judge Terry Johnson, all over not getting the proposed budget for the fiscal year done on time.
The lawsuit was served early Wednesday morning.
The judge tells NewsWest 9 that the budget is done and will be presented Thursday to the public on the district clerk's website.
But the DA says it was supposed to be presented to the public at the end of July and is now five days late, telling NewsWest 9 that her job is to enforce the Texas Local Government Code.
"It's unfortunate for the taxpayers of Midland to spend money to generate this piece of paper," Johnson said of the lawsuit. "It's just a horrible waste of money."
The lawsuit itself reads, in part:
"It is the duty of the county judge to prepare a budget to cover all proposed expenditures of the county government for the succeeding fiscal year. Second, that budget must be prepared during the 10th month of the fiscal year, as determined by the commissioners court. Id. Third, when that proposed budget has been completed, it must be filed with the county clerk for public inspection. To date, none of house duties or obligations have been fulfilled by Respondent."
We reached out to the County Attorney Russell Malm and received clarification on the laws, it reads in part:
During the 7th or the 10th month of the fiscal year, as determined by the commissioners court, the county judge, assisted by the county auditor or county clerk, shall prepare a budget to cover all proposed expenditures of the county government for the succeeding fiscal year.
Even though Judge Johnson says the budget is ready to be presented, it is still almost a week late, since the 10th month of the fiscal year was July. When asked why it is late, he says, he simply did not know it was an issue.
“The last 10 years the budget has been submitted the first week of August,” Johnson said. "The lawsuit I was served this morning is asking for a judge to hear this case today, to command me to produce this document when it's already fixing to be presented tomorrow."
The county attorney verified to us that for the last 10 years, judges have in fact submitted the budget the first week of August and not by the end of July.
"It reeks of a vendetta and it reeks of something getting done that doesn't have to do with the law, Johnson said. "It's just not right."
Johnson tells me the budget is being processed before being shown to the public online Thursday.
We reached out to Laura Nodolf on the lawsuit, who told us she is not going to comment on pending litigation in order to keep with the judicial process.
As to why she decided to file the lawsuit, here’s what she had to say:
"As the District Attorney, I have certain statutory duties and ethical obligations per the Texas Disciplinary Rules of Professional Conduct. I take those obligations very seriously."
The last time an elected official sued another elected official was in 1990, when Midland Co. Sheriff Gary Painter sued the County Commissioners.
We will continue to update this story as it develops.