Members of the public using the federal court database to access court records may be part of a class action lawsuit, which alleges the U.S. government overcharges for federal court records.
Filed April 21, 2016, the suit alleges the cost of producing court records electronically has increased twice since 2002, when Congress passed the E-Government Act of 2002, which sought to cap rising court record costs.
Congress said the public was being charged fees "higher than the marginal cost of disseminating the information," the suit says.
The National Veterans Legal Services Program, National Consumer Law Center and Alliance for Justice initiated the litigation.
It's a class action suit, meaning it includes all members of a class. That class is defined as anyone who paid fees after using the federal court record database between April 21, 2010 and April 21, 2016.
It seeks an unspecified amount of damages that "are found to exceed the amount authorized by law," as well as attorney fees.
The database in question is called PACER, or Public Access to Court Electronic Records system. It's run by the Administrative Office of the U.S. Courts, or AO.
"Instead of complying with the law, the AO has used excess PACER to cover the cost of unrelated projects—ranging from audio systems to flat screens for jurors—at the expense of public access," the suit states.
The federal government has denied the claims.
PACER is a database where most federal court records, including federal cases in Aiken County, are filed. It's used by attorneys, the media and members of the general public to track bankruptcy, civil and criminal proceedings.
Users must set up an account to access court records remotely. Documents obtained through PACER cost 10 cents per page, with fees capping at 30 pages.
Users are also charged 10 cents per page every time they download records, as well as when they access full docket texts, essentially summaries of a specific court filing.
Charges are assessed even when a search fails to yield any records. Billing is quarterly. Audio files cost $2.40.
The class action suit claims after per page costs were increased to 8 cents a page in 2005, the federal judiciary's IT fund by the end of 2006 generated a $150 million windfall, $32 million of which came from PACER.
Fees rose again in 2012 to 10 cents per page, the current per page charge.
The suit claims after the rate hike took effect, the judiciary reported it spent $12.1 million in "public access services." It also reported more than $28.9 million on courtroom technology, the source originating from "electronic public access receipts," the suit says.
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Autor(en)/Author(s): Michael Smith
Quelle/Source: The Star, 27.06.2017
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