5th Circuit Court orders federal judge removed from Texas foster care lawsuit

[In It to Win It]

Texas Tribune

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

The 3-0 decision from the 5th U.S. Circuit Court of Appeals in New Orleans found that U.S. District Judge Janis Jack’s “highly antagonistic demeanor” during a three-day hearing late last year called into doubt at least “the appearance of fairness” for defendants 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 ruled.

The opinion was authored by Judge Edith Jones and joined by Judge Cory Wilson and Judge Edith Clement. The three also reversed the $100,000 a day fine and contempt order Jack issued against Texas’ social services agency. The 5th Circuit had earlier blocked that fine days after it was imposed by Jack in April.

"We are pleased that the 5th Circuit recognized the significant efforts DFPS and HHSC have invested in serving the children and families of our state," according to a shared statement from the health commission and social services agency. "We remain committed and are grateful to Gov. Greg Abbott and the Texas Legislature for their continued support in furthering the well-being of our most vulnerable Texans.”

Last year, the Texas attorney general’s office hired private attorneys to represent the state in the ongoing legal battle. That team included veteran appellate lawyer Allyson Ho, the wife of 5th Circuit Judge James Ho, who is one of 26 judges on the court.

[LeftInTX]

1. Not good!

[FBaggins]

2. Before anyone leaps to "Judge Cannon will be replaced too!"

1- this didn’t have much (if anything) to do with faulty legal reasoning

2- she was in the case for 13 years before it happened

3 - these were three red judges (in the overwhelmingly red 5th) dumping a blue judge from a politically charged case. It’s less likely that the red-leaning 11th will dump a red judge.