BEAUMONT, Texas — Charges against a Jefferson County justice of the peace accused of sexual harassment of an employee have been dismissed after he retired and resigned from his office. He will be banned from ever holding judicial office again.
On Thursday, October 3, 2024, charges were dismissed after Jefferson County Precinct Eight Justice of the Peace Tom Gillam III "retired and executed voluntary resignation from judicial office," according to a motion to dismiss in the case. The motion also noted that Gillam is "forever disqualified from judicial service."
"His criminal case got dismissed. It should have been dismissed a long time ago. It should have never been filed," said Gillam's attorney, Layne Walker Sr.
The special prosecutor in the case, Liberty County District Attorney Jennifer Bergman, made the offer to Gilliam that if he resigned the charges would be dismissed, according to Ana Emmons of the Liberty County DA's office.
The offer included the stipulation that Gillam agree to never hold a judicial office or perform any type of judicial duty, including performing weddings, Emmons told 12News.
On Monday, October, 7, 2024 the Texas State Commission on Judicial conduct released a copy of the agreement to resign that was signed by Gillam on September 19, 2024. The agreement was signed by the chair of the commission on October 2, 2024.
"So it was a save face, a catch all. You promise not to run for office ever again then we'll let all this go. I wish Judge Gillam the very best," Walker said.
He resigned on Wednesday, October 2, 2024, Emmons said.
Walker told 12News, he believed that the courts could not meet the legal requirements of an "official oppression" charge.
"The indictment was actually dismissed on three separate occasions," said Walker.
County Judge Jeff Branick tells 12News county commissioners can appoint someone to take his place until the next general election. So far, Judge Branick says there has no been no discussion of that happening.
He had been set for trial on a charge of official oppression related to sexual harassment for which he was originally indicted in August 2023.
Gillam had been set for a March 2024 trial but it was delayed while prosecutors sought a new indictment according to information that came out during a January 2024 hearing in Jefferson County's Criminal District Court.
(EDITOR'S NOTE: The above video first aired in February 2024.)
In January 2024, Special prosecutor Jennifer Bergman had requested the trial be delayed saying that prosecutors were going to seek a new indictment that would "include some statutory language" but she did not specify what that would entail.
Both sides then asked for more time to prepare and Walker said he would like to see the new indictment before proceeding and saying if he is ready for trial.
At the time Gillam was free on a $10,000 bond and had been suspended without pay since September 2023.
If he had been convicted, he would have faced up to one year in the Jefferson County Jail and a fine up to $4,000.
The Jefferson County District Attorney’s Office recused itself from the case and the district attorney’s office in Liberty was appointed as “pro tem” to prosecute the case.
In the fall of 2022, the Texas Rangers began investigating an allegation against Gillam of a misdemeanor offense of official oppression related to sexual harassment according to the statement.
The original indictment says Gillam subjected a female employee in his office "to sexual harassment by making unwelcome sexual advances, making requests for sexual favors, and physical conduct of a sexual nature, knowing that the advances or requests was not welcomed by the complainant,"
"The allegation was that Judge Gillam kissed this lady on the cheek. Keep in mind that her own statement says she was in his office, there were 11 people sitting right outside Judge Gillam's doors," said Walker.
The indictment also states that he was acting under "the color of his office or employment as a public servant."
Gillam has held office for nearly 20 years and as JP for Precinct Eight his office covered parts of Port Arthur, Port Acres and Sabine Pass. His office is at the sub-courthouse in downtown Port Arthur.
Judge Gillam III was appointed to the bench in April 2004 after then Judge Thurman Bartie was removed according to the Jefferson County Clerk's office.
He was then elected to office in 2006.
In late 2011 Gillam was accused of sexual assault by a 16-year-old girl who had appeared before him on a truancy charge according to file stories.
The case was sent to a grand jury but they “no billed” him and he did not go to trial on the charges.
“No billed” means that the grand jury found there was not enough evidence to support the girl’s allegations.
In February 2017 Gillam was wounded in Southeast Houston when he said a woman approached him asking for money while he was on the phone sitting in his car according to file stories.
He told police that at about the same time in his rear-view mirror he noticed a person approaching the back of his car while reaching for a gun.
Gillam pulled his own gun and when the person fired at him, he returned fire but it was unclear if he hit the person.
He was released from a Houston hospital a few days later.
This is a developing story. We will update with more if and when we receive more confirmed information.
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