The appeals court dismisses Judge Janis Jack from the nursing case

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A federal appeals court late Friday ordered a judge who found the state of Texas was in repeated contempt over its failed foster care corrections system to be removed from the case, signaling a possible end to the 13-year legal battle.

The 3-0 decision by the 5th U.S. Circuit Court of Appeals in New Orleans found that U.S. District Judge Janis Jack’s “extremely hostile conduct” during a three-day hearing late last year called into question at least “the appearance of fairness” for the defendants filed in the case: Texas Health and Human Services and its sister agency, the Department of Family and Protective Services, which operates the foster care system.

“The district judge must be removed,” the panel decided.

The opinion was written by Judge Edith Jones and seconded by Judge Cory Wilson and Judge Edith Clement. The three also overturned the $100,000 per day fine and contempt order that Jack had filed against the Texas Department of Social Services. The 5th Circuit blocked that sentence just days after Jack imposed it in April.

Gov. Greg Abbott’s office did not immediately respond to a request for comment.

Last year, the Texas Attorney General’s Office hired private attorneys to represent the state in the ongoing litigation. That team included veteran appellate attorney Allyson Ho, wife of 5th District Judge James Ho, who is one of 26 judges on the court.

The background: Jack, a federal judge in the Southern District of Texas, is the de facto foster care czar, overseeing the case involving the care of foster children in the state’s permanent custody since it was filed in 2011.

It concerns the care of around 9,000 children who are in permanent state care after being removed from their homes due to abuse or neglect. Since the lawsuit was filed, Jack has sued the state three times for violating the conditions.

In April, Jack issued a bombshell ruling finding that Texas Health and Human Services Commissioner Cecile E. Young had violated her court orders governing how the state investigates complaints from children in its care. It was the third contempt ruling in the case and Jack also fined the state $100,000 per day until the state could prove an attempt to challenge the system’s routine neglect of investigations into allegations of child abuse and neglect to proceed. The 5th Circuit blocked that fine two days after Jack’s ruling and vacated it on Friday.

What the 5th District says: In Friday’s decision, the appeals court judge added caustic excerpts from transcripts of court hearings before Jack before concluding that Jack should be removed.

“The above excerpts demonstrate that over the course of months and numerous hearings, the judge exhibited a sustained pattern of disrespect toward the defendants and their attorneys, but no such attitude toward the plaintiffs’ attorneys,” the appeals court decision said . “The judge’s conduct demonstrates a ‘high level of hostility,’ which calls into question at least the ‘appearance of fairness’ for the state defendants.”

Wider impact: Since the lawsuit was filed on behalf of foster children in Texas, more than $200 million has been spent on improvements. Paul Yetter, the attorney for the plaintiffs in the case, would not say whether they planned to appeal the 5th Circuit’s decision.

“We are reviewing our options,” Yetter said in a statement released Friday evening. “Frankly, this is a sad day for Texas children. For more than a decade, Judge Jack pushed the state to fix its broken system. She deserves a medal for what she did. We will continue to fight to ensure the safety of these children.”