Free Access to Documents Stirs Up Court Administrators
By Kent Anderson, Oregon Bankruptcy Attorney on Sep 21, 2009 in Bankruptcy Practice and Procedure
Federal court documents, including Bankruptcy Court filings, accessed through a new program called RECAP (PACER spelled backwards) can be viewed without cost. RECAP is an add-on to the free internet browser Foxfire. Because the courts generate revenue to operate their electronic record system called CM/ECF, a program that bypasses their ticket window causes some court administrators concern.
An article in the blog hosted by Public Citizen accuses the courts of using scare tactics to discourage use of RECAP. In some districts, messages have been posted on court websites expressing concerns about the safety of using the program. PACER users permitted free access are cautioned that their user agreement could be violated by use of RECAP. Email messages have been sent out to various users implying that unintentional disclosure of confidential documents could occur from RECAP use.
The administrative office of the US Courts is concerned about RECAP for a very good reason. If the RECAP program was widely used, the funds needed to maintain the electronic filing system could be significantly impacted. In this time of financial retrenchment, budget increases are few and far between. The delicate balance between open courts and the money to operate them is brought into sharp focus in this Gov 2.0 move to provide free information access to individuals.
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