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A federal appeals court late Friday ordered a judge who found the state of Texas repeatedly disparaged its failed foster care solutions removed from the case, marking 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 “highly antagonistic attitude” during a three-day hearing late last year at least “provided the appearance of fairness” to defendants questioned. in the case: Texas Health and Human Services and its sister agency, the Department of Family and Protective Services, which administers the foster care system.

“The district judge should be removed,” the panel ruled.

The opinion was written by Judge Edith Jones and joined by Judge Cory Wilson and Judge Edith Clement. The three also overturned the $100,000-a-day fine and contempt order Jack issued against Texas Social Services. The 5th Circuit had previously blocked those bright days after Jack imposed them in April.

“We are pleased that the 5th Circuit recognizes the significant efforts that DFPS and HHSC have invested in serving our state’s children and families,” said Marissa Gonzales, spokeswoman for the social services agency. “We remain committed and grateful to Governor Greg Abbott and the Texas Legislature for their continued support in advancing 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 attorney Allyson Ho, wife of 5th Circuit Judge James Ho, one of 26 judges on the court.

The background: Jack, a federal judge in the Southern District of Texas, has been the de facto foster care czar, overseeing the case challenging the care of foster children in permanent state custody since its filing in 2011.

This involves caring for approximately 9,000 children in permanent state custody after being removed from their homes due to abuse or neglect. Since the case was filed, Jack has found the state in contempt three times for failing to set the terms.

In April, Jack issued a surprise ruling finding Texas Health and Human Services Commissioner Cecile E. Young in contempt of her court orders regulating the way the state investigates complaints from children in his care. It was the third contempt ruling in the case and Jack also fined the state $100,000 per day until the state could show an effort to address the system’s routine neglect of investigations into allegations of child abuse and neglect . The 5th Circuit blocked that fine two days after Jack’s ruling and overturned it Friday.

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

“It appears from the above excerpts that over the course of months and countless hearings, the judge has exhibited a continued pattern of disrespect for the defendants and their counsel, but no such attitude toward the plaintiffs’ counsel,” the statement said. decision of the court of appeal. “The judge’s attitude shows a ‘high degree of antagonism’, calling into question at least ‘the appearance of fairness’ for the state defendants.”

Broader impact: Since the case was filed on behalf of Texas foster children, more than $200 million has been spent on improvements. Paul Yetter, the attorney for the plaintiffs in the case, said Saturday that they planned to appeal the 5th Circuit’s decision.

“Frankly, this is a sad day for children in Texas,” Yetter said in a statement Friday. “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 these children are safe.”