A Reuters article by Nate Raymond published early Friday morning reported that the Senate Judiciary Committee voted to send the Open Courts Act of 2021 to the full Senate for consideration this week. If adopted, the law would eliminate fees associated with document viewing and downloads on the federal Public Access to Court Electronic Records (PACER) system.
The call to do away with charges comes after several excessive fee lawsuits and in response to concern for individuals, non-profits, small businesses and law firms, Sen. Dick Durbin (D-Ill.), the committee’s chair said. The news outlet also reported that last Congress, a similar version of the bill passed the House of Representatives despite opposition from the court system over potential costs.
This time, the judiciary’s administrative agency commented in a statement that it was dedicated to updating the system but remained concerned about the funding to make PACER free. Previously, the judiciary estimated that PACER fees would generate approximately $142 million last fiscal year, the article said.
According to PACER’s FAQ page, the system came about in 1988 when the judiciary sought funds from Congress to provide electronic public access to court records. The legislature reportedly directed the judiciary to fund its own initiative through user fees, which remains its only source of revenue. In 2019, the judiciary approved a waiver measure, eliminating fees for less than $30 of usage in a given quarter effective January 2020.
In Thursday’s session, the senate panel reportedly adopted an amendment providing for additional funding and addressing the judiciary’s concerns regarding technical issues. The panel approved the proposed bill by voice vote without any recorded opposition. Finally, Reuters said that as an indication of support for the bill, almost all committee members chose to co-sponsor the legislation by the hearing’s end.
