Court Records Should Be Free: Supporting the Open Courts Act of 2026

• The Open Courts Act of 2026 aims to eliminate usage fees for the federal Public Access to Court Electronic Records (PACER) system.
• Current PACER fees act as a barrier to accessing public judicial records, particularly for low-income individuals.
• The legislation proposes replacing outdated PACER and CM/ECF systems with a modern, unified platform to improve access, security, and cost-efficiency.

The Need for Reform

• PACER currently collects over $150 million annually in fees for accessing records that are legally public.
• Access to court documents is described as a fundamental requirement for democratic accountability.
• Electronic Freedom Foundation (EFF) and partners argue that citizens should not have to pay to view judicial decisions and legal filings.

Legislative Context and Support

• The 2026 bill follows a previous proposal that gained bipartisan support in the Senate Judiciary Committee but failed to pass into law.
• EFF has campaigned against PACER paywalls for over a decade.
• Supporting organizations include:
  • Fix the Court
  • Free Law Project (maintainers of the RECAP archive)
  • Various civil society groups, government watchdogs, and media organizations.