Fed. Circ. Says Judiciary Misspent PACER Fees

Law360 (August 6, 2020, 10:26 AM EDT) -- A Federal Circuit panel on Thursday unanimously found the judiciary improperly spent almost $200 million in PACER system fees for unrelated court technology projects, affirming a 2018 D.C. federal district court ruling.

In a 32-page opinion authored by U.S. Circuit Judge Todd Hughes and joined by Circuit Judges Alan Lourie and Raymond Clevenger, the appeals court concluded "the district court got it just right" when it handed users of the online federal courts documents portal a partial win in April 2018. The panel said that revenue generated by the federal judiciary's Public Access to Court Records or PACER system can only be...

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