High time: Supreme Court makes new filings available online

WASHINGTON — Slowly, the Supreme Court is entering the 21st century. The court is making new legal filings available online starting Monday, years behind the rest of the federal court system.

Can livestreamed audio of arguments and even televised sessions be far behind? Yes, they can.

But advocates of court openness will take what they can get for now, especially because the Supreme Court will not charge for documents. The federal courts’ PACER system does charge fees.

“Though the Supreme Court has moved glacially to join the rest of the judiciary in permitting online filing, that’s better than not at all, and the institution should be commended for creating an e-filing system that, unlike PACER, will be free and easily accessible to the public,” said Gabe Roth, executive director of Fix the Court.

Some justices carry computer tablets with high court briefs loaded on them. But notes between justices are routinely sent on paper.

Chief Justice John Roberts said it’s appropriate for courts “to be late to the harvest of American ingenuity” because their primary role is to resolve disputes fairly.

Many Supreme Court legal briefs already are available online and for free from several sources. Scotusblog.com obtains and posts many of them, along with opinions. The Justice Department has an archive of its extensive high court filings on its website, and the American Bar Association posts briefs in the 70 to 80 cases the court agrees to hear each term.

The Supreme Court updates come amid criticism of the PACER system as outmoded and unfair. “The PACER system used by the lower federal courts is hopelessly outdated and cumbersome. And, to add insult to injury, the PACER system charges people fees to access court records that should be made freely available,” said Deepak Gupta, the lead attorney in a classaction lawsuit challenging PACER fees.

The judiciary says the fees provide the only money to pay for the system.

The cost to users was just one among several reasons the court opted not to join the PACER system, court spokeswoman Kathy Arberg said.

“The court elected to design its system in-house so that it would have the capability to customize and continuously update to meet the distinctive needs of the court and counsel,” Arberg said.

Until now, lawyers have not been required to submit their filings to the court electronically. Beginning Monday, those documents should appear quickly on the court’s website.

Lawyers still will be required to submit up to 40 paper copies of every brief, and the court’s color-coding system to distinguish types of briefs also will remain.