AUSTIN (KXAN) -- The new year will bring new leadership to Burnet County, Texas.
Burnet County Commissioners and members of the public discussed a process for picking a new county judge this week, following the recent resignation of former Judge James Oakley. He stepped down in December amid ongoing legal troubles and harassment claims.
With two years until another election for voters in the the area to choose another judge, the four county commissioners must select a replacement for the time being. In a special meeting on Friday, the commissioners laid out a proposal for how to proceed with that process. They also voted on procedures to allow them to continue county business until a judge is selected.
Some longtime Burnet County residents expressed their questions and concerns about the public's involvement in the process.
Gil Jones, a retired district judge and county resident, told the court he had been asked by other residents to apply. However, he said he will likely refrain because he has concerns about "the selection process and its integrity."
Another speaker, who noted her family has lived in the area for seven generations, said she believed the county's citizens have the right to vet all potential candidates -- calling for transparency from the court and county leaders. She first thanked the commissioners for serving through what she called "some of the most difficult years for this court in our lifetime."
Several people expressed interest in utilizing a committee of members from the public for the selection process, but at least one commissioner expressed concerns that the use of a committee could inadvertently cut some residents out of the process. They suggested residents send any feedback to commissioners directly over email, so their thoughts are documented.
Others asked the court about the potential for an all-candidate "forum," to allow the public to ask the applicants questions. The court and county officials discussed where such an event might be held.
Ultimately, the court voted to post the job application as soon as possible and to take applications until January 31.
Then, they explained county officials will perform the necessary background and eligibility checks before posting the applicants' names publicly by February 6. Commissioners encouraged the public to share any feedback with commissioners by email or at two meetings on February 11 and 25. At the first, they plan to narrow the applicants down to two finalists and by the second, they plan to vote on the new judge.
According to the Burnet County website, they also plan to host a public forum on February 13 with the two finalists.
KXAN previously reported Oakley was indicted in 2023 on several criminal accusations, including abuse of office, official oppression and tampering with evidence. A jury found him not guilty of one charge, and a judge threw out the other charges. However, a panel of judges from the Third Court of District Appeals recently ruled that judge “erred” in his decision.
The claims centered around two different issues: Oakley’s role as a Pedernales Electric Cooperative board member while also serving as Burnet County judge and, separately, the handling of a vehicle collision in 2021.
At the time of the appeals court panel decision, Oakley's attorney told KXAN he believed all of the claims against his client were “spurious,” especially the claims involving the 2021 vehicle collision. He also noted they planned to ask for a rehearing in front of the full Court of Appeals.
According to court records, the attorney's motion for rehearing and motion for reconsideration en banc were denied Jan. 2.
Then, on December 11, the State Commission on Judicial Conduct reprimanded Oakley. In its filing, it detailed accusations he removed the lock to Justice of the Peace Lisa Whitehead’s courtroom door. Whitehead ended up filing a formal complaint over safety concerns after she said she could not find a “workable solution” with Oakley.
She also accused Oakley of sexual harassment on several occasions, which were detailed in that reprimand.
Upon his resignation, Oakley responded to KXAN's requests for comment with the below statement. The same statement was read aloud as his formal resignation during Friday's commissioner's court meeting:
Former Burnet County Judge James OakleyI have been humbled and honored to have been elected by the public to serve the public as Burnet County Judge for the last 10 years. Prior to that, I was equally honored to serve for 8 years as a Burnet County Commissioner starting in 1999. I’m most proud of the excellent financial condition of Burnet County as well as the land and facilities now in place. That includes the renovation of the 1884 Historic Jailhouse Museum & Visitors Center, Oakalla Schoolhouse, acquisition of the old Burnet Elementary School, the donation of 800 acres for public use, and other land & buildings to accommodate our growing citizen’s needs.
In recent years, the extreme lack of civility in public discourse has caused me to reevaluate how I want to spend my day to day life. My priorities are to protect my health / safety and that of my wife & family. As I am eligible for retirement, I have made the decision to resign my position effective January 2nd, 2025 such that I can achieve other personal goals and projects.
