Burnet County commissioners are currently at an impasse over the selection of a new county judge, following the resignation of former Judge James Oakley in December 2024. Despite a meeting on February 11, the commissioners failed to reach a majority decision, leaving the position vacant and creating uncertainty about the next steps. The stalemate has raised concerns about the county’s leadership, particularly in areas like emergency management, where the judge plays a crucial role.
The Deadlock: No Clear Path Forward
The Burnet County Commissioners Court, made up of four commissioners, was tasked with appointing a new judge. However, two motions to select a candidate failed due to a lack of majority support. With votes evenly split, the county remains without its fifth member — a position essential for breaking ties and ensuring smoother decision-making.
“We’re in a situation where there’s a deadlock,” said Burnet County Attorney Eddie Arredondo. “There’s nothing outlined in law that says how you go about doing it. It just says the commissioners do it.”
The lack of a clear legal procedure for breaking the tie adds to the complexity of the situation. The law simply mandates that the commissioners must appoint someone, but it doesn’t provide guidance on how to proceed if they cannot reach an agreement.
Possible Solutions on the Table
With the county judge seat still vacant, several potential solutions have been suggested:
- Reopen Applications: The commissioners could choose to reopen the application process to attract new candidates.
- Re-interview Current Candidates: Revisiting interviews with the existing candidates might help break the deadlock.
- Form a Selection Committee: A committee could review applicants and provide recommendations to the commissioners.
- Continue Debating: The commissioners could continue discussions until a majority consensus is reached.
Attorney Arredondo emphasized that the decision ultimately rests with the commissioners. “They can continue debating back-and-forth with the candidates that they have and make a decision,” he said.
Legal and Operational Concerns
The absence of a county judge presents both legal and practical challenges. While the Commissioners Court can still perform many duties, certain responsibilities, like overseeing emergency management and issuing burn bans, are traditionally within the judge’s purview.
“The county judge has a position that is important,” Arredondo explained. “They have the emergency management side of things. They’re the ones that can call off burn bans.”
Additionally, with only four members on the court instead of the usual five, the risk of tie votes increases. “When you have five members of the commissioners court, your chances of running into a situation like we have right now are less,” Arredondo added.
The Role of State Officials
As Burnet County is a subdivision of the state, some have questioned whether state officials might step in to resolve the deadlock. However, Arredondo noted that state involvement seems unlikely, as Texas law designates the appointment process as the commissioners’ responsibility.
“There’s certainly been legal advice sought by me, by my colleague, Assistant County Attorney Colleen Davis,” he said, adding that commissioners also plan to consult with the county’s contracted legal counsel.
Looking Ahead: Uncertainty and Hope
The commissioners have not set a deadline for the appointment, as the law does not impose a specific timeframe. This lack of urgency, however, leaves open the possibility of the vacancy remaining unfilled for months — or even the remainder of the former judge’s term.
“I’m hoping they reach some sort of decision that gets a new county judge,” Arredondo said. “The law indicates there’s supposed to be a county judge. There’s 254 of them in the state of Texas. We’re missing a member of the commissioners court.”
The community now waits to see how the commissioners will navigate this challenging situation. A decision in the coming weeks could restore stability, while prolonged indecision may impact the county’s ability to manage key responsibilities effectively.
