Federal Judge Removed, Contempt Ruling Overturned
In a major development in the Texas foster care system lawsuit, the 5th U.S. Circuit Court of Appeals has overturned a contempt ruling and a $100,000-per-day fine imposed by U.S. District Judge Janis Jack against the state of Texas. The appeals court also ordered her removal from the case, citing her conduct during the proceedings as biased and disrespectful.
The lawsuit, which began in 2011, focused on allegations of the state’s failure to protect children in foster care from abuse and neglect. The federal appeals court’s ruling, issued late Friday, stated that Judge Jack’s actions exceeded constitutional limits of federal power over states.
Judge Accused of Bias and Disrespect
The 5th Circuit’s ruling criticized Jack for showing a “sustained pattern” of disrespect towards Texas officials and attorneys. The court pointed out instances where she openly expressed frustration, including a remark in which she said, “I don’t know how the state sleeps at night with this. I really don’t.” The appeals court suggested that her antagonistic demeanor called into question the fairness of the proceedings, particularly in her interactions with state defendants.
“The judge exhibits a high degree of antagonism,” the ruling noted, adding that her behavior gave the appearance of bias against the state.
Plaintiffs Plan to Appeal Decision
The plaintiffs, who sued Texas over its foster care system, expressed disappointment in the appeals court’s ruling. Attorney Paul Yetter, representing the plaintiffs, vowed to appeal the decision, stating that the ruling was a setback for vulnerable children in the state.
“Frankly, this is a sad day for Texas children,” Yetter said. “For over a decade, Judge Jack pushed the state to fix its broken system. She deserves a medal for what she’s done.”
Long-Running Lawsuit Over Foster Care Conditions
The lawsuit, filed in 2011, accuses Texas’ Department of Family and Protective Services (DFPS) of failing to adequately protect children in its care. Since 2019, court-appointed monitors have overseen reforms in the system, regularly reporting on DFPS’s progress.
A recent report praised improvements in staff training but highlighted ongoing problems, particularly the state’s slow response to investigating complaints of abuse and neglect. One case involved a girl who remained in a now-closed facility for a year despite 12 investigations into allegations that she had been sexually assaulted by a staff member.
Texas has approximately 9,000 children in permanent state custody, many of whom are in the system due to abuse, neglect, or other factors such as special health needs.
