Although Judge Huvelle found that the law permitted the judiciary the authority to utilize PACER fees for costs related to the maintenance and the Case Management/Electronic Case Files and Electronic Bankruptcy Noticing systems. Conversely, the Judge found that the government overreached in its fee-setting structure and said that the fees in dispute (approximately $200 million) were applied to projects that did not enhance public access to court records.
The ruling was appealed. In its findings, the U.S. Court of Appeals for the Federal Circuit court concurred with District Court Judge Huvelle, stating in its ruling that the district court’s order “got it just right.” The appellate court remanded the case back to the district court for further proceedings. On remand, U.S. District Judge Paul Friedman was assigned to the case.
In August 2020, the federal circuit court said in its ruling “We do not accept either party’s reading” “Instead, we agree with the district court’s interpretation that [the law] limits PACER fees to the amount needed to cover expenses incurred in services providing public access to federal court electronic docketing information.”
