HOUSTON, Texas (KTRK) — A motion to dismiss criminal charges against Harris County District Judge Kelli Johnson has been filed by prosecutors, according to court records, citing insufficient evidence.
The charges aren’t officially dismissed until the motion is signed by a judge.
Prosecutors claim no alcohol or drugs were found in Johnson’s system.
The 178th District Court judge was arrested on a driving while intoxicated charge in late June.
PREVIOUS REPORT: Harris Co. judge makes first court appearance after 2 run-ins with police, DWI arrest
Harris County judge Kelli Johnson made her first court appearance and signed her bond conditions after she was arrested on a DWI charge.
In the early morning of June 25, a Houston Police Department officer said he witnessed Johnson make an improper turn from a center lane in the 16000 block of Hempstead Road onto Kempwood Drive.
Police said she was arrested after it was determined she was under the influence of a controlled substance, in part because of her going 15 miles below the posted speed limit, her slow movements, emotionless demeanor, dilated pupils, and taking a wrong turn.
According to police, when Johnson was pulled over, the officer noticed two prescription pill bottles. The judge reportedly admitted that she was on duloxetine, an antidepressant.
SEE ALSO: Judge stopped for reckless driving, suspected of drinking but given warning, according to recording
Only 13 Investigates obtained audio of an encounter between a Harris County deputy and Judge Kelli Johnson, who was pulled over for reckless driving.
The June 25 incident came after the judge had another run-in with police on April 12, court records say. Johnson was stopped for reckless driving and suspected drunk driving.
Body-worn camera footage of the 45-minute ordeal was obtained exclusively by Eyewitness News through an open records request.
Although she failed parts of a field sobriety test in a dash camera video, deputies determined she had passed enough of the test. Johnson was let go with a warning for speeding.
READ MORE: Where’s Judge Kelli Johnson? High-profile justice hasn’t sat on the bench for weeks
Judge Kelli Johnson hasn’t presided over the 178th District Court since May 1. Houston police said the justice had a crisis intervention response.
As ABC13 first reported, Johnson was absent from the 178th District Court for most of May.
Amanda Cain, communications director for the Administrative Office of the District Courts, initially told ABC13, “No comment,” when asked about the judge’s absence. Nine days later, though, she said, “Judge Johnson is out for personal matters.”
Johnson’s cases have been reassigned to administrative judge, Susan Brown, and visiting judges, Amanda Cain, DCA Communications Director, Administrative Office of the District Courts, said. The cases remain in the 178th District Court.
Cain didn’t have a timeframe for how long the judges would be handling Johnson’s cases.
When asked if Cain could elaborate on Johnson being out “for personal reasons” and a judicial complaint from Johnson’s court reporter, we were told no comment.
However, in a statement released on Tuesday, Johnson’s attorneys said she “has been on medical leave to recover from a brain injury and is expected to resume her duties soon.”
The high-profile judge has presided over some of Harris County’s most significant trials — including all three of the A.J. Armstrong capital murder trials.
