Federal Appeals Court Rules That The PACER System Overcharges The Public

Critics argue that the fees are excessively high.

"We're thrilled that the Federal Circuit recognized that the federal judiciary's PACER system has been charging people more than the law allows for access to court records," said Deepak Gupta, an attorney representing the organizations that filed the lawsuit. "The judiciary's antiquated paywall inhibits ordinary people's access to the courts, prevents journalists from covering what the courts are up to, and makes important academic research difficult or impossible. The next step should be to make access completely free."

A district judge ruled in 2018 that the court system had unlawfully used PACER fees on a study regarding electronic access to Mississippi state court documents, a program sharing information with local law enforcement on violent offenders, and the costs of an electronic juror-management system.

The circuit court upheld those findings, but rejected the plaintiffs' efforts to expand the scope of the decision.

"As to those amici urging the elimination of all fees for accessing electronically available court records, we agree with the government that those calls are better directed to Congress," Hughes wrote in Thursday's ruling.