What’s next after an appeals court removes federal judge in longstanding Texas foster care case?

AUSTIN (KXAN) — An appeals court has ordered the removal of the federal judge who has overseen the legal fight over foster care in Texas for more than a decade.

In its ruling released Friday night, a panel of three judges of the 5th Circuit Court of Appeals granted the state’s request to remove U.S. District Judge Janis Jack and reassign the case because of her “intemperate conduct on the bench.” The ruling also reversed the hundreds of thousands of dollars in daily fines Judge Jack recently ordered the state pay for contempt of court.

Since 2011, when the lawsuit was filed on behalf of thousands of children in the permanent care of the state, Judge Jack has demanded change from the defendants, which include Gov. Greg Abbott and the leaders of the state agencies in charge of child welfare — Health and Human Services and the Department of Family and Protective Services. Over the years, the district judge appointed a team of monitors to survey the state’s progress, and her aforementioned order marked the third time she held the state in contempt for failing to meet some of her specific, court-ordered reforms.

However, in its ruling, the 5th Circuit panel called for the case to be reassigned, saying Judge Jack’s “highly antagonistic demeanor” toward the state and its attorneys could call into doubt at least “the appearance of fairness” in the case.

The ruling also detailed several tense exchanges between Jack and the state from recent proceedings — including a time when Jack said she should sentence the agency leaders to live in one of the places where the state was housing children in its care.

“The above excerpts show that the judge exhibits a sustained pattern, over the course of months and numerous hearings, of disrespect for the Defendants and their counsel, but no such attitude toward the Plaintiffs’ counsel,” wrote Judge Edith Jones, joined by Judges Edith Clement and Cory Wilson, in the 5th Circuit’s ruling.

Paul Yetter, the plaintiffs’ attorney representing the children in this case, said the ruling marked a “sad day for Texas children.” In a statement, he said, “For over a decade, Judge Jack pushed the state to fix its broken system. She deserves a medal for what she’s done. We will keep fighting to ensure these children are safe.”

Yetter went on to say he plans to appeal the decision for a hearing before the full appeals court.

The 5th Circuit ruling noted the progress Texas has made on reforming the system , as well as the cost — noting it spent $150 million to comply with Jack’s reforms and another $60 million on the court monitors.

A spokesperson for the Department of Family and Protective Services (DFPS) said in a statement, “We are pleased the Fifth Circuit recognized the significant efforts DFPS and HHSC have invested in serving the children and families of our state. We remain committed and are grateful to Governor Abbott and the Texas Legislature for their continued support in furthering the well-being of our most vulnerable Texans.”

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