Ball back in DA’s court for Oakley case

Three criminal charges against former Burnet County Judge James Oakley are back in local district court following a final ruling from the Third Court of Appeals in Texas. What happens next is now up to 33rd/424th District Attorney Perry Thomas.

“(The charges are) back in my office’s hands at the moment, and we’re evaluating where to go from here,” Thomas told DailyTrib.com. “I can’t say at the moment (what will be done). I don’t think it would be appropriate to make a comment just yet.”

According to Thomas, Oakley’s case will be added to the district court’s docket at a yet-to-be-determined date, at which point, he will decide how to proceed.

The Court of Appeals issued a “mandate,” or official order/command, on Wednesday, March 26, which solidified the reversal of three “quashings,” or dismissals, of three out of four charges brought against Oakley in March 2023. 

The charges come from Oakley’s involvement in a vehicle accident in 2021. He was accused of manipulating evidence and attempting to intimidate the other party involved, and also for a perceived conflict of interest in serving as both county judge and a board director for the Pedernales Electric Cooperative. 

Of the four charges, three were quashed in July 2023 by visiting District Judge Dib Waldrip due to a failure to “properly allege or state an offense.” Waldrip stepped in after 33rd District Judge Allan Garrett recused himself from the proceedings. 

One charge did go to court. It concerned Oakley using his Burnet County-owned truck to drive to PEC board meetings. He was found not guilty in August 2023.

Former 33rd/424th District Attorney Wiley “Sonny” McAfee appealed Waldrip’s decision to quash the other three charges in July 2023. The appeals court sided with McAfee, reversing the quashings in November 2024.

Oakley and his legal defense requested a rehearing of the case following the appeals court’s decision, but that was denied in January of this year. 

“Having reviewed the record and the parties’ arguments, the Court holds that there was reversible error in the district court’s order,” reads the mandate. “Therefore, the Court reverses the district court’s order and remands the case for further proceedings consistent with this Court’s opinion.”

The charges and proceeding legal battle took place while Oakley was still serving as Burnet County judge between 2021 and 2024. He officially resigned from the position in January after a public reprimand for sexual harassment and other controversies.

Now, Oakley could face the following charges in district court:

• tampering with/fabricating physical evidence with the intent to impair, a third-degree felony;
• official oppression, a Class A misdemeanor;
• and abuse of official capacity, a Class B misdemeanor.

dakota@thepicayune.com