U.S. Rep. Hank Johnson (D-GA 4) is continuing his quest to open up the court records system, something as Chairman of the Subcommittee on Courts, Intellectual Property and the Internet that the Decatur-based congressman has been working on for several years. The Open Courts Act of 2021 would modernize and secure the federal judiciary’s court records system and make federal court records freely available.
The new system would provide a centralized and searchable site to file and read court records or monitor docket activity. The bill includes a process to cover the costs of the reforms without requiring new funding while eliminating the paywall, known as PACER, that has prevented free access to federal court filings.
“Modernizing and streamlining the federal courts’ records system and eliminating the PACER paywall is long overdue,” said Congressman Johnson. “The Open Courts Act levels the playing field for the public and the press by making court records as widely available as possible. How much money you have should not dictate your access to justice. This bill is bipartisan, bicameral, commonsense good government at its best.”
The bill has bipartisan backing, with Rep. Darrell Issa (R-CA 50) co-sponsoring the bill that has companion legislation sponsored in the Senate by Sens. Rob Portman (R-OH) and Ron Wyden (D-OR). Simple fees for access could be justified but the current system charges 10 cents for every search of its records and another 10 cents per page to download any records. Federal records can often to extend to many pages and these small 10 cent fees can add up to real money, to the tune of $145 million per year. Not to mention that currently federal courts are not searchable all at once and the 94 district courts and 13 circuit courts of appeals may have different systems. The bill from Johnson would locate all of those under one roof.
“Forcing the public to pay for access to public records on file in public courthouses imposes unnecessary burdens on journalists, academics, and pro se litigants as they engage in the constitutionally enshrined activities of observing and reporting on the courts’ activities or petitioning the courts for redress. This matters more now than ever before,” said Johnson. “At a time when many have concerns that the executive branch represents only some of its citizens, a democratic process limited to a select group that can participate—those who can afford it—should concern us all.”
