Texas chief justice urges repeal of Family Code provision and calls for more affordable legal services

Chief Justice Jimmy Blacklock urged the Legislature to consider repealing what he called “subsection O” of the Texas Family Code and to take steps to ensure that parents facing termination proceedings receive vigorous legal representation.

“Termination of parental rights is the civil death penalty,” Blacklock said during an address to a joint session, arguing that the state should use termination only as a last resort and that the family code should not “stack the deck against the parents before the cases even begin.” He recommended lawmakers examine Representative Dutton’s bill, which he said would repeal subsection O and make other changes.

Blacklock described family‑court cases he said often stem from drug damage to families and urged continued legislative work to keep families together when appropriate. He thanked lawmakers for recent steps to require the Texas Department of Family and Protective Services (DFPS) to keep more families together and singled out Representative Dutton and Senator Kolkhorst for leadership on the issue.

Separately, Blacklock addressed access to legal services. He said the court will pursue systemic reforms to make legal services more affordable, including reviewing how the legal profession is regulated to increase supply and reduce costs. He said government regulation can drive up prices and that the court will work with the Legislature on potential changes to expand access.

Blacklock also criticized the American Bar Association for taking national political positions and contrasted that with the State Bar of Texas, which he described as a public organization that should remain neutral. He asked legislators to consider options to expand affordable legal services for low‑income Texans and small businesses, but he did not propose specific statutory text in the address.