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District Attorney Sonny McAfee has appealed three orders granting motions to quash charges against suspended Burnet County Judge James Oakley. Visiting District Judge Dib Waldrip granted the motions to quash during a pre-trial hearing in the 33rd District Court on Monday, July 10. 

A trial date was set for 8:30 a.m. Aug. 29 on a fourth charge. 

McAfee submitted the appeals to the Third Court of Appeals in Austin on Wednesday, July 12.

In response, Oakley said he had full confidence that the granted motions to quash would stand. 

“I’m very confident in the thoroughness of Judge Waldrip’s order,” Oakley told “He took his time and was very precise about all the considerations involved.” 

If Oakley is exonerated at the August jury trial, he will be reinstated to his position as county judge, he said. 

“If that case goes my way, I am instantly back in the saddle,” he continued. “The Third Court of Appeals doesn’t have to hear any case, and it could take them a year or more if they do. Filing an appeal does not change the status of the dismissal of those charges. They are no longer pending.” 

Judge Waldrip granted a motion to quash charges of tampering with evidence and official oppression involving a vehicle collision in April 2021 as well as a charge based on Oakley’s paid position as a member of the Pedernales Electric Cooperative Board of Directors. Waldrip said the charging instruments were not sufficient for the accused to defend against. 

The fourth charge, a misdemeanor, involves driving a county vehicle to PEC meetings and is the one going to trial. 

“I looked at the judge’s order and reviewed the charging instruments again, and I believe they are sufficient,” McAfee told “The charging document has to provide sufficient notice to the defense so they can defend against them, and I believe they do that.” 

Oakley was indicted on four charges — one felony and three misdemeanors — by a grand jury on March 7. He was suspended without pay by the State Commission of Judicial Conduct on March 15.

3 thoughts on “DA appeals ruling in Judge Oakley case

  1. Disgrace?


    Surely you jest. You are not talking about Sonny McAfee.

    Those words are just two of the nicer descriptions you hear concerning Judge Oakley. The same Judge Oakley who has had his bottom spanked a time or two by the State Commission on Judicial Conduct.

    Makes you proud of Burnet County doesn’t it?

  2. So McAfee, the DA, thinks he’s the judge now? I suppose he thinks he’s the jury and executioner as well?

  3. Let’s make a motion to run this lousy DA to jail.

    He is a disgrace and shady.

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