A panel of judges on the Fifth Circuit Court of Appeals, all appointed by Republicans, made the decision this week to remove a federal judge, who was appointed by Bill Clinton, from a highly publicized child abuse case.
Texas Governor Greg Abbott (R) successfully advocated for the removal of U.S. District Court Judge Janis Graham Jack in a longstanding case concerning the deficiencies within the foster care system in the Lone Star State.
Judge Edith Jones, in her opinion and order, asserts that there are several compelling facts that necessitate the presentation of this case to a more impartial tribunal.
The Department of Family and Protective Services (DFPS) is currently facing a class action lawsuit. In 2015, a court ruled that the state’s foster care system was unconstitutional and imposed substantial fines as well as the requirement for comprehensive reforms. To ensure compliance with the court’s orders, a team of monitors was appointed. However, Texas has consistently failed to comply with these mandates or make necessary upgrades.
As this court originally found, the state of Texas had seriously neglected the management of its foster care system, resulting in constitutional violations against vulnerable children that this court affirmed. Nearly a decade has passed since the district court entered its first judgment ordering remedial relief. The state has been under constant, intrusive, and costly surveillance by a team of monitors and the district court ever since.
In a bold move on April 15th, Jack increased the stakes by imposing a daily fine of $100,000 on Texas for specific violations outlined in a contempt order. However, the district court introduced a glimmer of hope by allowing the opportunity for significant compliance with previous orders as a means to rectify the contemptuous behavior and evade the financial penalties.
The judges in the appellate court order deemed the contempt order from the lower court as nonsensical.
The Fifth Circuit states that the focus of the April 15 Order is primarily on whether the Defendants’ previous actions were in line with the Remedial Orders.
Under this order, the Defendants are obligated to pay $100,000 per day until they confirm that specific investigations closed from December 4, 2023, until the State’s certification, are largely compliant with Remedial Order 3.
Additionally, the order requires that any ongoing investigations must adhere to Remedial Order 10. It is important to note that the Defendants cannot take any actions to make previously delayed investigations timely.
Texas argued that Jack’s contempt order placed an impossible burden on them. They claimed that they were being asked to ensure that closed investigations would comply with future obligations set by the district court. The appeals court agreed with Texas’s interpretation of the situation.
The appeals court further stated that the contempt order, along with the fines imposed, had become incredibly burdensome to the point where it transformed into a criminal contempt case, thereby necessitating a jury trial.
According to the Fifth Circuit, there was a specific issue that caused disagreement. They pointed out that Jack had been actively encouraging and provoking the plaintiffs to pursue contempt for several months before the order was even issued.
The panel concluded that Jack had become overly invested in the proceedings and displayed a strongly confrontational attitude towards the defendants from the State of Texas.
The court noted that federal judges are generally not permitted to assume the role of permanent overseers of significant state agencies. Furthermore, the court emphasized that it is not appropriate for federal court interference to impede a state’s ability to govern itself, particularly when the state is actively working to address the issues that originally led to the court decree.
Nor are federal judges even suited, by training or temperament, to manage institutions, personnel, or the provision of vital state services, even if counselled by monitors. In this case particularly, the integrity of oversight may have been further put at risk by the trial court’s creation of a “fund,” based on plaintiffs’ attorneys’ foregoing their court-approved fees, that the court may evidently disburse at its discretion. Federal judges should not be personally allocating resources from the state’s taxpayers for purposes not directly tied to and controlled by the state itself in order to abide by a court decree.
The Fifth Circuit also criticized Jack for her behavior on the bench, specifically noting her “inappropriate” mode of questioning the state’s objections during hearings.
After thoroughly reviewing the evidence and relevant legal provisions, the court has determined that it is necessary to reassign this case to a different judge. The district judge in question will be removed from the proceedings.