Deliberations in Oakley cases start Nov. 12
Burnet County Judge James Oakley. File photo
The Third Court of Appeals, Texas Judicial Branch, will begin deliberations Nov. 12 in three cases of quashed charges against Burnet County Judge James Oakley, including official oppression and tampering with evidence. On Tuesday, justices denied an appeal from both sides to hear oral arguments.
Instead of a public hearing, Chief Justice Darlene Byrne and Justices Edward Smith and Rosa Lopez Theofanis will consult already submitted briefs to make a decision in the State of Texas vs. James Oakley. This practice is common in busy courts.
The court is considering an appeal of three orders to quash three charges against Oakley, which were granted during a pre-trial hearing in the 33rd District Court in July 2023. Visiting District Judge Dib Waldrip quashed three of four charges brought against Oakley on March 7 by 33rd/424th District Attorney Wiley “Sonny” McAfee following a grand jury indictment.
To quash a charge is to set it aside or void it.
Two of the charges are for tampering with evidence and official oppression related to an April 2021 vehicle collision in Spicewood in which Oakley was involved. A third charge involves his dual position as a public servant (Burnet County judge) and a board member of a nonprofit corporation (Pedernales Electric Cooperative).
The State Commission on Judicial Conduct suspended Oakley without pay on March 10, 2023, for a fourth charge, abuse of official capacity, which went to trial. He was found not guilty of the misdemeanor charge in August 2023. That case was tried before a Blanco County jury in a district court and involved Oakley’s use of a county-owned vehicle to drive to PEC Board of Directors meetings.
The not guilty verdict was enough to lift Oakley’s suspension within hours of the jury being dismissed.
If the Third Court of Appeals overturns the quashed charges, rather than uphold Judge Waldrip’s decision, Oakley could face multiple jury trials and a possible second suspension by the State Commission on Judicial Conduct.
The three cases still pending before the Court of Appeals include:
- Cause No. 55029, a third-degree felony—Oakley is accused of tampering with evidence by moving a bumper at the scene of the 2021 accident with the “intent to impair its verity and availability as evidence in the investigation.”
- Cause No. 55154, a misdemeanor—Oakley is accused of official oppression by subjecting one of the people involved in the accident “to mistreatment that the Defendant knew was unlawful” by moving the bumper.
- Cause No. 55344, a misdemeanor, which involves Oakley’s dual service as county judge and PEC director.