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Court Records Should Be Free

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Re: Court Records Should Be Free

#51
post #42

The discourse over PACER fees recapitulates a very common public policy conundrum, and we should all be more thoughtful about discussing it. In the municipality where I live, we're statutorily required to replace lead service lines[†] within the next 5-10 years (I forget how many). The municipality replaces the trunk lines, and homeowners are required to replace the last hop at their own (significant) expense. Natura…

[flagged]

Re: Court Records Should Be Free

#52
post #47
post #42

The discourse over PACER fees recapitulates a very common public policy conundrum, and we should all be more thoughtful about discussing it. In the municipality where I live, we're statutorily required to replace lead service lines[†] within the next 5-10 years (I forget how many). The municipality replaces the trunk lines, and homeowners are required to replace the last hop at their own (significant) expense. Natura…

The problem is - we are all required to abide by the law. And the law is at least partially determined by precedent established by previous court cases. But those cases are behind a paywall. Yes everything costs money. But we expect that the government would provide services for the greater good of its citizens. I can step foot in some of the greatest museums in the world for free in downtown dc. As a citizen I can g…

We should always be allowed to read and know the law we're required to follow. Preferrably for free or easily.

Re: Court Records Should Be Free

#53
post #51
post #42

The discourse over PACER fees recapitulates a very common public policy conundrum, and we should all be more thoughtful about discussing it. In the municipality where I live, we're statutorily required to replace lead service lines[†] within the next 5-10 years (I forget how many). The municipality replaces the trunk lines, and homeowners are required to replace the last hop at their own (significant) expense. Natura…

[flagged]

I am in fact not well educated. I earned (barely) a diploma from St. Ignatius College Prep (AMDG!) in Chicago in the mid-1990s, and that's it. So I think you have to grade me on a curve.

Re: Court Records Should Be Free

#54
post #47
post #42

The discourse over PACER fees recapitulates a very common public policy conundrum, and we should all be more thoughtful about discussing it. In the municipality where I live, we're statutorily required to replace lead service lines[†] within the next 5-10 years (I forget how many). The municipality replaces the trunk lines, and homeowners are required to replace the last hop at their own (significant) expense. Natura…

The problem is - we are all required to abide by the law. And the law is at least partially determined by precedent established by previous court cases. But those cases are behind a paywall. Yes everything costs money. But we expect that the government would provide services for the greater good of its citizens. I can step foot in some of the greatest museums in the world for free in downtown dc. As a citizen I can g…

You're almost there but not completing the circuit. Could tax dollars pay for "free" PACER access? Absolutely they could. But is that policy distributionally (a) regressive, (b) progressive, or (c) neutral? The answer is probably (a). The tax dollars come out of everybody's pocket. The benefits accrue disproportionately to a wealthy professional class.

I think we're close to a pretty nice balance in the status quo: RECAP, and a free tier. If it's me, what you do is jack the free tier up from $30 to $1000.

Re: Court Records Should Be Free

#55
post #42

The discourse over PACER fees recapitulates a very common public policy conundrum, and we should all be more thoughtful about discussing it. In the municipality where I live, we're statutorily required to replace lead service lines[†] within the next 5-10 years (I forget how many). The municipality replaces the trunk lines, and homeowners are required to replace the last hop at their own (significant) expense. Natura…

> A similar dilemma faces PACER. Overwhelmingly, PACER is used by attorneys, who are generally well-compensated professionals with a whole host of protectionist policies insulating them from market forces.

One of those protectionist policies is charging for PACER itself.

The costs of running PACER are absolutely trivial in comparison to the costs of running the judiciary. To the point that even bringing the point up is disingenuous to the point that it discredits everything else you say.

Case law is law. People are required to obey the law. They should be able to access the law so they can know how to follow it. It's that simple.

Re: Court Records Should Be Free

#56
post #54
post #47

Earlier quoted context omitted.

The problem is - we are all required to abide by the law. And the law is at least partially determined by precedent established by previous court cases. But those cases are behind a paywall. Yes everything costs money. But we expect that the government would provide services for the greater good of its citizens. I can step foot in some of the greatest museums in the world for free in downtown dc. As a citizen I can g…

You're almost there but not completing the circuit. Could tax dollars pay for "free" PACER access? Absolutely they could. But is that policy distributionally (a) regressive, (b) progressive, or (c) neutral? The answer is probably (a). The tax dollars come out of everybody's pocket. The benefits accrue disproportionately to a wealthy professional class. I think we're close to a pretty nice balance in the status quo: R…

Except for corporate lawyers and a handful of highly successful biglaw attorneys, the law profession isn’t as profitable as it once was. Student loans and creeping costs have done a lot of damage. Same with many doctors who are having to go work for group practices owned by PE firms.

Free PACER access might actually help average people get better legal representation by reducing the cost burden on the small independent attorneys who don’t mingle with execs and politicians at the country club.

Re: Court Records Should Be Free

#57
post #54

Earlier quoted context omitted.

You're almost there but not completing the circuit. Could tax dollars pay for "free" PACER access? Absolutely they could. But is that policy distributionally (a) regressive, (b) progressive, or (c) neutral? The answer is probably (a). The tax dollars come out of everybody's pocket. The benefits accrue disproportionately to a wealthy professional class. I think we're close to a pretty nice balance in the status quo: R…

Except for corporate lawyers and a handful of highly successful biglaw attorneys, the law profession isn’t as profitable as it once was. Student loans and creeping costs have done a lot of damage. Same with many doctors who are having to go work for group practices owned by PE firms. Free PACER access might actually help average people get better legal representation by reducing the cost burden on the small independe…

I think if you do the math on this you're going to find that PACER fees are not really a significant component of the cost of representation. Westlaw/Lexis-Nexis maybe?

Re: Court Records Should Be Free

#58
post #42

The discourse over PACER fees recapitulates a very common public policy conundrum, and we should all be more thoughtful about discussing it. In the municipality where I live, we're statutorily required to replace lead service lines[†] within the next 5-10 years (I forget how many). The municipality replaces the trunk lines, and homeowners are required to replace the last hop at their own (significant) expense. Natura…

> Overwhelmingly, PACER is used by attorneys, who are generally well-compensated professionals with a whole host of protectionist policies insulating them from market forces. Court records can, of course, be made "free". But nothing is actually free. To make those records free, you have to take money from the general fund, which means the tax payments of people who have nothing to do with the legal profession are... funding the legal profession.

Couldn't you just add a "are you a lawyer" checkbox, and only charge a fee if you check it? It would be trivial to lie here, but I doubt that many lawyers would want to risk getting caught defrauding the government when doing so would only save them a few thousand dollars a year.

Re: Court Records Should Be Free

#59
post #42

The discourse over PACER fees recapitulates a very common public policy conundrum, and we should all be more thoughtful about discussing it. In the municipality where I live, we're statutorily required to replace lead service lines[†] within the next 5-10 years (I forget how many). The municipality replaces the trunk lines, and homeowners are required to replace the last hop at their own (significant) expense. Natura…

> Overwhelmingly, PACER is used by attorneys, who are generally well-compensated professionals with a whole host of protectionist policies insulating them from market forces. Court records can, of course, be made "free". But nothing is actually free. To make those records free, you have to take money from the general fund, which means the tax payments of people who have nothing to do with the legal profession are...…

It's easy to come up with practical segmentation strategies and we should pursue them. An obvious one is jacking up the free tier, from $30/quarter to something much higher, like $1000/quarter.

I mean, maybe the right answer is just to make the whole thing free. I don't know. I just know it's more complicated than the standard message board discourse suggests.

Re: Court Records Should Be Free

#60

I actually approve of the something closer to the status quo here. Court filings contain a lot of sensitive information about the litigants. It is one thing for the records to be publicly available, as they must be. It is a very different thing for every speck of material in them to be instantly available to anyone, anywhere, worldwide, for any purpose.

Material that shouldn't be published for any reason is already subject to a sealing process. What else is needed?

Just one example: PII of third parties is frequently attached in evidence supporting motions. In theory, careful redaction should be done, but it isn't, and those third parties aren't around to assert their privacy interests.
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