The Denver Post

Justices to take filings online

- By Brian Fung

After lagging behind other courts for years, the Supreme Court is finally catching up on a key technologi­cal feature that will be a boon to researcher­s, lawyers and analysts of all kinds. It’s moving to adopt electronic filing.

The change will allow the public to access legal filings for future cases — free of charge. Beginning Nov. 13, the court will require “parties who are represente­d by counsel” to upload digital copies of their paper submission­s. Parties representi­ng themselves will have their filings uploaded by the court’s staff.

All those submission­s then will be entered into an online docket for each case, and they will be accessible from the court’s homepage.

The move brings the Supreme Court fully into the internet age, fulfilling a promise outlined by Chief Justice John Roberts Jr. in 2014.

“While courts routinely consider evidence and issue decisions concerning the latest technologi­cal advances, they have proceeded cautiously when it comes to adopting new technologi­es in certain aspects of their own operations,” he said at the time.

By “as soon as 2016,” Roberts said, the court would offer an online system that can handle all types of filings, including petitions, motions and briefs.

Roberts’s timing, it turns out, was not far off.

Virtually all federal courts are already on board with electronic submission­s. As early as 2001, some federal court documents were available over the internet through a system known as PACER, or the Public Access to Court Electronic Records.

PACER has its shortcomin­gs. It charges users a fee of $0.10 per page, which can add up if you’re going through hundreds or thousands of documents. Because federal court records are considered public domain, those charges also can be a waste of money for researcher­s unaware that documents for a case already have been downloaded by somebody else and made available for sharing. To circumvent this problem, independen­t researcher­s have built their own tool, RECAP, to save people money.

But the Supreme Court tool goes further, making all of its filings free. For some, that’s not just a step forward — it’s a leapfrog ahead.

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