Tag: PACER

U.S. Supreme Court (finally!) adopts electronic filing

Almost 30 years after the PACER system was implemented for the federal district courts, and more than 15 years after district court dockets were placed on the web, the U.S. Supreme Court has announced that it will adopt its own electronic filing system.  The system goes into effect this November.

The Court’s announcement states that “Once the system is in place, virtually all new filings will be accessible without cost to the public and legal community.” I read that to mean that reviewing and downloading docket materials will be free, which would be an improvement on the costly PACER system.  Let’s hope that is what is intended.

Attorneys file federal class action lawsuit over PACER fees

In April, attorneys for several watchdog groups filed a class action lawsuit in the U.S. District Court for the District of Columbia, arguing that the court’s Public Access to Court Electronic Records (PACER) system overcharged the public for access to court records starting in April 2010.

The lawsuit seeks “an unspecified amount of damages that ‘are found to exceed the amount authorized by law,’ as well as attorney fees.” Court documents and further details on the suit from the class action attorneys can be found here.

I was notified by email that I am a member of the plaintiff class, based on periodic PACER research I have conducted since 2010. And I have been critical of high PACER fees in the past, especially when PACER is used purely for academic research.  But this is a pretty silly lawsuit.  The class action attorneys will make a tidy sum from any settlement, and the actual affected members will likely get nothing of consequence.  I would much prefer to see the courts offer PACER as a free research service, or otherwise develop a sensible, tiered payment system.