Appeals court denies Oakley’s request for rehearing
Former Burnet County Judge James Oakley. File photo
The Third Court of Appeals in Texas on Jan. 2 denied former Burnet County Judge James Oakley’s request to rehear a case before the whole court that a three-judge panel decided against him in November 2024. The panel reversed and remanded one felony and two misdemeanor charges in November that had been quashed by a visiting judge in April 2023.
What happens next will be up to Perry Thomas, who took the oath of office as the new district attorney for the 33rd and 424th judicial districts the day before the decision to deny a rehearing.
“I’m reviewing the cases and making a decision on what to do from this point forward,” Thomas told DailyTrib.com. “I’m new to it. This is just my second day.”
Thomas listed several options, including considering a settlement or dropping the charges now that Oakley has resigned as county judge.
“I don’t know yet how his resignation will affect my decision,” the DA said. “I will consider that in light of everything. There are many factors to take into consideration.”
One of those factors, along with the evidence, will be to consider the effect on the community.
“I need to decide what’s best for the county and to see that justice is done,” Thomas said.
Oakley agreed that the next decision will come from the district attorney.
“It’s up to him if he wants to pursue these charges, which I maintain have no foundation,” he said.
Background
A grand jury indicted Oakley on March 7, 2023, for one felony count of tampering with evidence and three misdemeanor counts—two for abuse of official capacity and one for official oppression. A week later, the State Commission on Judicial Conduct suspended him without pay.
On April 24, 2023, a visiting district judge quashed the felony and two misdemeanor charges, which then-District Attorney Wiley “Sonny” McAfee appealed.
A fourth charge for misuse of government property—driving a county vehicle to meetings of the Pedernales Electric Cooperative, for which Oakley serves on the Board of Directors—went to a jury trial. A six-person Blanco County jury found Oakley not guilty in August 2023. The judicial conduct commission immediately lifted his suspension.
Oakley resigned as county judge on Jan. 2 of this year in the wake of another ruling by the judicial commission that had nothing to do with the grand jury indictment. The commission publicly reprimanded Oakley on Dec. 11, 2024, for unprofessional conduct, sexual harassment, and security violations. The reprimand was issued in response to complaints filed by Burnet County Precinct 2 Justice of the Peace Lisa Whitehead in 2023.
Burnet County commissioners met Jan. 3 to decide on a method for appointing an interim county judge while working out the process for an elected replacement.
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Oakley’s response is typical from someone whose hand was caught in the cookie jar. Deny, deny, deny. The new DA needs to thoroughly investigate these numerous allegations and make an example of him. No one, especially the once highest elected official in Burnet County, is above the law