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If you go to the courthouse ask the clerk for the records in a case, and you'll get a big pile of paper Nobody charges for access to paper records If you want to make a copy of paper record sat the courthouse in most places you still better bring a lot of quarters and hit the Xerox machine but if all you want to do is read a court filing you can go in any court clerk go up to the counter ask for it and there's no fee In fact a fee would be unimaginable and almost certainly unconstitutional But if you want to do the same thing remotely if you want electronic access to court records you have to pay a significant fee to the federal government The Supreme Court has said that you have first Amendment and common law right of access to almost all court documents in paper form That's well established That's uncontroversial Leading cases say that But whether those cases apply as well to digital access to electronic court records is untested Filings in court cases under the Federal Court'electronic filing system called PACER are subject to fairly high fees 10 cents a pagan an era where the cost of storing and transmitting electronic records has dropped pretty closet zero The PACER system's fees have been challenged by a veterans group and other nonprofit groups that say they can't do their jobs well they can't represent their clients if they don't have free access to legal materials so they've gone to court and sued The Federal District Court accepted their basic theory that there are overcharges going on that PACER is charging more than it should be and that case has now gone to a federal appeals court There are three levels of arguments here There's a policy argument That's really not before the courts Many people think that it would be better to run the system by having free access to court records That's not the argument before the courts The middle tier of argument is a statutory argument Congress has told the judicial system it can charge to the extent necessary and the statutory question is it charging more than that The third argument is a constitutional argument of is there is a constitutional right of access to digital records of this sort That's not currently before the courts although it kind of overhangs and shadows the questions in some supporting briefs filed PACER generates about 145 million dollars year That's a lot of money but it's quite a small percentage of the total federal judiciary's budget which is about seven billion dollars so that's about 2 of the total budget but it seems to be charging users rather a lot more than what it actually costs to maintain the system The court system uses the money for some interesting things like flat screen TVs for jurors or studies of the Mississippi judicial systems it's not clear that those kinds of uses are consistent with the statutory commando only use the money to the extent necessary The court system says that as a practical matter most people who want access to most documents can get them...
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