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Government Law

Why Aren’t Federal Court Records Free on the Web, Senator Wonders

Posted Mar 3, 2009 9:19 PM CST
By Martha Neil

Federal courts have worked hard to put public documents online, including not only case opinions but hearing transcripts.

However, the PACER (Public Access to Court Electronic Records) system routinely used for this purpose by many federal courts imposes a small per-page fee. And at least one U.S. Senator is wondering why, in this day and age, public records can't be accessed on the Internet for free, reports the Wall Street Journal Law Blog.

In a letter last week to U.S. District Judge Lee Rosenthal, who chairs the Rules Committee of the Judicial Conference of the United States, Sen. Joe Lieberman (I-Conn.), who chairs the U.S. Senate’s Homeland Security and Governmental Affairs Committee, asks about the issue.

The rules committee hasn't yet responded but intends to do so, a spokeswoman says.

More details are provided in a National Law Journal article upon which the WSJ blog post is based.

Additional coverage:

Wired: "Lieberman Asks, Why Are Court Docs Still Behind Paid Firewall?"

Corrected March 4 to note that Sen. Lieberman is an Independent from Connecticut.

Comments

1.

tim
Mar 4, 2009 8:17 AM CST

They are not free because Obama’s friends don’t pay taxes so the government has to make up the money somewhere else.

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2.

Charles
Mar 4, 2009 8:22 AM CST

Lame.

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3.

J.D.
Mar 4, 2009 9:29 AM CST

Lieberman isn’t a D anymore. He’s an “Independent Democrat” according to him; big I and big D.

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4.

Michael
Mar 4, 2009 10:48 AM CST

Anybody who has a legitimate need for the documents has access to the one free look feature PACER allows when ECF’s come in (click Save-As and its free forever).  There’s no reason the general public—people, for example, who have no claims nor standing—need free access to things like the schedules of personal bankruptcy filings (same issue for pleadings and forms in family law cases in state court, which often contain information potentially traumatic to children though irrelevant to anybody but the judge and opposing party).  Let attorneys and support staff with legitimate needs have the information for free, and allow the general public to have access to non-personal cases, but it’s long past time we realized personal privacy does have some legitimate boundaries that the court system hasn’t adequately adjusted for the electronic age.

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