Burnet County judge’s salary reimbursed, but not legal fees
Burnet County Judge James Oakley chose to leave the room on Sept. 12 while fellow members of the Commissioners Court deliberated on whether to reimburse him for his missed salary and legal fees stemming from criminal charges that led to his suspension from duties and a jury trial. Staff photo by Dakota Morrissiey
Burnet County Judge James Oakley will get $58,000 in pay that was withheld while he was suspended from duties but not $132,000 he incurred while fighting a misdemeanor charge in court. During a contentious meeting on Sept. 12, county commissioners approved the salary reimbursement but did not vote on a second agenda item regarding legal fees.
Oakley was found not guilty on a Class B misdemeanor charge of misuse of government property by a Blanco County jury on Aug. 31. He placed both reimbursement items on the Commissioners Court agenda for Tuesday, the first meeting over which he presided since being suspended by the State Commission of Judicial Conduct following a March 7 grand jury indictment on four charges: three misdemeanors and a felony. That suspension was lifted on Sept. 1.
While one charge went to trial, the other three charges were appealed by District Attorney Wiley “Sonny” McAfee to the Third Court of Appeals in Austin after District Judge Dib Waldrip quashed them in July.
Several Burnet County taxpayers who opposed Oakley being reimbursed for salary and legal fees voiced their frustrations during the Tuesday meeting. One man even threatened the judge’s life.
Oakley abstained from voting and voluntarily left the room while commissioners discussed the two agenda items. Precinct 3 Commissioner Billy Wall was absent from the meeting, leaving commissioners Jim Luther, Damon Beierle, and Joe Don Dockery to make the decisions.
Luther and Dockery voted in favor of reimbursing the judge for his missed salary, while Beierle abstained. He said he wanted to first hear from the Third Court of Appeals
Burnet County Attorney Eddie Arredondo assured the Commissioners Court that two votes were enough. He based the decision on Texas Attorney General Opinion GA-0412 by then-Attorney General Greg Abbott, which states that a majority vote can be considered as long as a quorum of the body is present, which was true in this case.
The strongest reaction to Oakley receiving reimbursement came from Commissioners Court meeting regular Craig Cosgray. He claimed that Oakley threatened him in the past with an overly firm handshake and what he called a “terroristic threat.”
“I’m not going to live in this county like this,” Cosgray said. “I told (Burnet Police Department Capt. Jason Davis) that I will carry (a firearm) now. If Oakley gets in my no-fly zone, I’m gonna kill him.”
County Judge’s Office Administrative Director Stephanie McCormick left the courtroom after Cosgray’s comments.
“I apologize, I feel very uncomfortable. I am going to leave,” she said.
Other public comments weren’t as personal, but several people expressed explicit opposition to Oakley being reimbursed for his legal fees.
County Attorney Arredondo explained that it would be up to the commissioners to decide whether the judge was acting in an official capacity when he was charged with misuse of government property for driving a county-owned vehicle to meetings of the Pedernales Electric Cooperative Board of Directors, on which he serves, and if reimbursing his legal fees would benefit the county, not just Oakley.
Arredondo cited Texas Local Government Code 157.901 and Texas Attorney General Opinion KP-0037 as grounds for reimbursing Oakley’s legal fees if the court chose to do so.
Ultimately, none of the commissioners moved to take action on the questions of legal fees, effectively killing the agenda item.
3 thoughts on “Burnet County judge’s salary reimbursed, but not legal fees”
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No regular person would get back pay. He did not work and should not get paid.
Legal fees are not in the publics interest to be paid either. Joakely only looks out for himself.
Surprise. Surprise.
As expected the two minions with zero backbone fell down prostrate at the feet of a “judge” who did not EARN a single day of his salary. Not a day! He was supposed to abstain from any and all judge activities while suspended and awaiting trial. Word out of the courthouse is that he failed to honor this mandate.
Watch now as Burnet County will likely end up paying the careless king his attorney fees.
The embarrassment of Burnet County statewide continues with this spineless giveaway to an individual who has brought shame and disgust to Burnet County on multiple occasions and will very likely do it again. It’s in his DNA! The new minion is the weak county attorney. Who is next to reveal their true colors?
Watch what happens going forward. These liberal RINOs will further embarrass Burnet County and railroad worthless projects through on the backs of honest, hard working taxpayers.
Over 5,000 of you voted for this even after being warned and witnessing a track record of banana republic style management. The good news is that more of Burnet County folks are stepping forward and getting involved in revealing this sham, gutless leadership for what it is.
You have to ask yourself how these people sleep at night. Based upon their continual action it must be quite soundly.
It’s not over by a long shot.
It seems like there is so much more to this story. Cosgray threatening him in a public meeting? Let me guess, as I don’t recall, Cosgray is the genesis of the original complaints?