A federal appeals court has ordered the removal of a federal judge and overturned her contempt finding and fine against the state of Texas in a lawsuit over the state鈥檚 .
In a ruling released late Friday, the 5th U.S. Circuit Court of Appeals said U.S. District Judge Janis Jack鈥檚 contempt ruling and $100,000-per-day fine violates the court's constitutional limits of power over individual states.
The appeals court also said that Jack had disrespected the state and its attorneys during the long-running case, noting that she at one point remarked, 鈥淚 don鈥檛 know how the state sleeps at night with this. I really don鈥檛.鈥�
鈥淭he 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鈥� counsel,鈥� the ruling stated.
The judge鈥檚 demeanor exhibits a 鈥渉igh degree of antagonism,鈥� calling into doubt at least 鈥渢he appearance of fairness鈥� for the state, the ruling added.
An attorney for those who filed the lawsuit alleging that the state routinely fails to investigate complaints of abuse and neglect raised by children in its care said Saturday that the group will appeal the ruling.
鈥淔rankly, this is a sad day for Texas children,鈥� attorney Paul Yetter said in an email.
鈥淔or over a decade, Judge Jack pushed the state to fix its broken system,鈥� Yetter said. 鈥淪he deserves a medal for what she鈥檚 done."
The case began in 2011 with a lawsuit over foster care conditions at the Texas Department of Family and Protective Services, the child welfare arm of Texas Health and Human Services.
Since 2019, court-appointed monitors have released periodic reports on DFPS progress toward eliminating threats to the foster children鈥檚 safety.
A cited progress in staff training, but continued weaknesses in responding to investigations into abuse and neglect allegations, including those made by children.
In one case, plaintiffs say, a girl was left in the same, now-closed, residential facility for a year while 12 separate investigations piled up around allegations that she had been raped by a worker there.
Texas has about 9,000 children in permanent state custody for factors that include the loss of caregivers, abuse at home or health needs that parents alone can鈥檛 meet.
