An organization called the Free Law Project has identified a serious vulnerability in PACER, the federal courts’ online filing system. The bug permits cross-site forgery, essentially a method of capturing another user’s account information, and utilizing that information to access documents. The original account owner would be charged, but might not know it until the account statement arrives weeks later. PACER fees, which are currently 10 cents per page with a maximum of $3.00 per document, can quickly add up.
Early stories also stated that another vulnerability would allow hackers to file documents through other people’s account, compromising the integrity of the entire justice system. PACER administrators, however, have denied that fraudulent filing was possible. The cross-site forgery issue has apparently also been addressed.
For those interested in the specific technical details of the bug, the Free Law Project has posted what it shared with the courts here.
The Wall Street Journal published a fascinating article yesterday on daily life at India’s largest courthouse, the Allahabad High Court. It tells a tale of extreme delay, extraordinary inefficiency, and basic injustice stemming from a lethal combination of judicial vacancies, outdated filing systems, and lax protocols for advancing cases to resolution. Among the facts presented in the article:
- Nearly 45% of judicial positions on the court are unfilled, due in large part to an ongoing battle between the judiciary and the other branches of government about the most appropriate methods for judicial selection.
- On average, it takes nearly four years to adjudicate a simple commercial dispute in India — twice as long as in Brazil and more than three times as long as in the United States.
- More than 86% of high court cases in India take 10-15 years to adjudicate. Fewer than 5% are resolved in less than five years.
- The Allahabad High Court receives nearly 1,000 new cases every day. Almost half are filed by the government. Judges on the court even have a name for newly filed cases that have not even been looked at yet — “backlog fresh.”
- It is so unpredictable which cases will be called on any given day that one lawyer profiled has associates spread out across all the courtrooms to track if — and when — any of his 34 open lawsuits on the court’s calendar might be taken up by a judge.
- Even though rural litigants often have to travel a whole day to appear in court, it is commonplace that their cases will not be called and another day will be wasted.
- The system encourages delay by allowing lawyers to file an “illness slip” to postpone a hearing, whether or not they are actually sick.
- Case records are badly misfiled–piled on floors and chairs, and intermingled by year. In the story, a worker searched eight hours for files for the next day’s cases, and was still missing 17 of 65 by day’s end.
This is a jaw-dropping account, the paragon of “justice delayed is justice denied.” What can we make of it?
Continue reading “A remarkable look inside India’s overburdened court system”
In another example of external decisions directly affecting internal court operations, the state courts located in Des Moines, Washington reported a 300 percent increase in case filings after the city implemented red light cameras.
The impact of the cameras was “much greater than we anticipated,” [Judge Lisa Leone] told [the city] Council.
The judge said she was “so impressed with every single” member of her staff.
“Just today (May 11) there was a line out the door … every clerk was on the phone taking the time for every one who has questions about the cameras or anything else.”