Disir
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- Sep 30, 2011
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For most of the nationās history, the most common way to read court filings was to travel to the courthouse itself, pull up a desk in the clerkās office, and leaf through them by hand. This was hardly a convenient system, especially if you lived in a far-flung rural area or lacked the resources to travel to a nearby courthouse for the task. But it was still an impressive one. Public access was a core principle of the American federal judiciary, which absorbed both the Foundersā disdain for secretive British courts and their belief in the democratic virtue of open legal proceedings.
Then came the Public Access to Court Electronic Records system in the 1990s. In theory, the federal courtsā electronic docket systemāknown universally as PACERāallows anyone with an internet connection to call up the motions, briefs, orders, and appendices for virtually any federal court case. The interface has not evolved with the times. In an age of sleek, minimalist web design, PACER is a clunky and nonintuitiveportal into the courtsā inner workings. Whatās more, itās overcharging its users.
Now a medley of legal advocacy groups, media outlets, and former politicians and judges are asking the Federal Circuit Court of Appeals to rein in excessive PACER fees. Some of the organizations argue that the current payment structure violates federal e-government laws that prohibit unnecessary fees. Others see the fees as a threat to judicial transparency and openness. Whatās ultimately at stake is the ability for Americansāincluding journalists and defendantsāto fully participate in the nationās legal system.
Three legal nonprofit groupsāthe National Veterans Legal Services Program, the National Consumer Law Center, and Alliance for Justiceāfiled a class action lawsuit against the federal government in 2016 to challenge PACERās fee structure. They argued that by charging more than the marginal costs to keep the system functional, the judiciary had run afoul of a federal law dedicating PACERās fees solely to that purpose. āInstead of complying with the law, the [federal judiciary] has used excess PACER fees to cover the costs of unrelated projectsāranging from audio systems to flat screens for jurorsāat the expense of public access,ā they told the district court in 2016.
The case hinges on a single phrase in the E-Government Act of 2002. The statute authorizes the judiciary to levy fees āonly to the extent necessaryā to provide āaccess to information available through automatic data processing equipment.ā Though data storage costs have plummeted over the past two decades, PACERās fees rose from seven cents a page at its establishment to ten cents a page by 2011, which remains the cost today. That may not sound like much, but it adds up fast. The PACER system itself brought in more than $146 million in fees during the 2016 fiscal year, even though it cost just over $3 million to operate.
The Courts Are Making a Killing on Public Records
Yeah, they are making more than enough money and, frankly, it should be free.
Then came the Public Access to Court Electronic Records system in the 1990s. In theory, the federal courtsā electronic docket systemāknown universally as PACERāallows anyone with an internet connection to call up the motions, briefs, orders, and appendices for virtually any federal court case. The interface has not evolved with the times. In an age of sleek, minimalist web design, PACER is a clunky and nonintuitiveportal into the courtsā inner workings. Whatās more, itās overcharging its users.
Now a medley of legal advocacy groups, media outlets, and former politicians and judges are asking the Federal Circuit Court of Appeals to rein in excessive PACER fees. Some of the organizations argue that the current payment structure violates federal e-government laws that prohibit unnecessary fees. Others see the fees as a threat to judicial transparency and openness. Whatās ultimately at stake is the ability for Americansāincluding journalists and defendantsāto fully participate in the nationās legal system.
Three legal nonprofit groupsāthe National Veterans Legal Services Program, the National Consumer Law Center, and Alliance for Justiceāfiled a class action lawsuit against the federal government in 2016 to challenge PACERās fee structure. They argued that by charging more than the marginal costs to keep the system functional, the judiciary had run afoul of a federal law dedicating PACERās fees solely to that purpose. āInstead of complying with the law, the [federal judiciary] has used excess PACER fees to cover the costs of unrelated projectsāranging from audio systems to flat screens for jurorsāat the expense of public access,ā they told the district court in 2016.
The case hinges on a single phrase in the E-Government Act of 2002. The statute authorizes the judiciary to levy fees āonly to the extent necessaryā to provide āaccess to information available through automatic data processing equipment.ā Though data storage costs have plummeted over the past two decades, PACERās fees rose from seven cents a page at its establishment to ten cents a page by 2011, which remains the cost today. That may not sound like much, but it adds up fast. The PACER system itself brought in more than $146 million in fees during the 2016 fiscal year, even though it cost just over $3 million to operate.
The Courts Are Making a Killing on Public Records
Yeah, they are making more than enough money and, frankly, it should be free.