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During a break, from left, Burnet County Judge James Oakley and Austin attorneys John Carsey and Sara Donovan awaited proceedings to reconvene after jury selection Aug. 29 in Johnson City at the Blanco County Annex District Courtroom. Raymond V. Whelan/The Highlander
A jury in Blanco County found the suspended Burnet County Judge James Oakley not guilty Aug. 31 of abusing his capacity by using a county vehicle to travel to meetings of a utility board on which he serves. Presiding Judge Dib Waldrip of the 433rd Judicial District accepted the verdict of a six-member jury about 11:30 a.m. in Johnson City at the Blanco County Courthouse Annex.
“I am relieved this part of legal proceedings against me is finally over,” Oakley told The Highlander. “I hope to get back to serving Burnet County as soon as possible. The allegation and subsequent court proceedings have weighed heavy on my heart, but through the patience and support of my family, I have remained confident that eventually the truth would prevail - and it did. I appreciate the citizens of Blanco County who selflessly served on my jury, sought the truth, and by their verdict of Not Guilty vindicated me of these baseless charges.”
Austin attorney John Carsey represented Oakley during the trial, which began with jury selection on Aug. 29.
"I feel the jury appropriately decided the lack of evidence in the case," Carsey told The Highlander.
"It was likely decided just on that. They (the jurors) said, 'The state did not meet its burden of proof.'"
District Attorney Wiley "Sonny" McAfee of the 33rd/424th Judicial District filed the abuse of official capacity charge against Oakley.
The charge alleged Oakley violated the public trust Sept. 17, Sept. 20, Oct. 15, 2021 and April 14, July 15 and Aug. 19, 2022, when he drove a county-owned vehicle from Burnet County to Johnson City to attend Pedernales Electric Cooperative board meetings. Oakley, who is the elected District 5 PEC board member, earns $3,000 a month for that service.
"We appreciate the jurors," McAfee told The Highlander. "Even if they reach a verdict we disagree with.”
Earlier this year, the Texas Commission on Judicial Conduct suspended Oakley from his duties as Burnet County Judge after he was indicted on four charges including the misdemeanor abuse charge. Three of the charges were quashed or voided by Judge Waldrip.
His reinstatement as judge is pending, officials said.
The trial jury was comprised of three men and three women who were tasked with reaching a unanimous decision.
On the second day of the proceedings, McAfee called three witnesses, including Burnet County Sheriff's Capt. Tom Dillard, who confirmed the evidence in the prosecution's allegation.
Burnet County auditor Karin Smith, who also testified, answered prosecution questions about the county employee handbook. The document, signed by all elected and non-elected individuals, directs staff to utilize county property for Burnet County government purposes – not for “personal use.”
The defense called Burnet County Resources Director Sara Ann Luther to the stand to offer insight about on-call staff.
The “on-call” staff responds to work regardless of time of day or day of the week with limited notice.
Luther characterized Oakley's status as “on-call” due to his responsibility as emergency management coordinator for Burnet County.
Associate Editor Connie Swinney contributed to this report.