6/20/2026 at 1:08:56 AM
The discourse over PACER fees recapitulates a very common public policy conundrum, and we should all be more thoughtful about discussing it.In the municipality where I live, we're statutorily required to replace lead service lines[†] within the next 5-10 years (I forget how many). The municipality replaces the trunk lines, and homeowners are required to replace the last hop at their own (significant) expense.
Naturally, people are extremely upset about this. They're all being forced to spend a bunch of money, out of the blue. They all want the municipality to pay for their own service line replacement. Other municipalities are doing this.
But the thing here is: there's no free money. We all pay for the service line replacement one way or the other, because the ultimate source of funds for the things the municipality pays for is our property tax levy. In fact, having the municipality pay for homeowner service line replacement is straightforwardly regressive: it's a subsidy to homeowners, paid in part out of the pockets of people who don't own.
A similar dilemma faces PACER. Overwhelmingly, PACER is used by attorneys, who are generally well-compensated professionals with a whole host of protectionist policies insulating them from market forces. Court records can, of course, be made "free". But nothing is actually free. To make those records free, you have to take money from the general fund, which means the tax payments of people who have nothing to do with the legal profession are... funding the legal profession.
That doesn't mean I think it's great that PACER charges. Speaking as a nonlawyer who uses PACER kind of weirdly a lot, it's also not good; it's pretty archaic. But it's also very cheap. I'd imagine that most of the use cases for which it isn't below the cost noise floor are cases that serve professions, in which case I have to ask what the public policy case is for subsidizing those uses.
I don't know, things are complicated.
[†] Added context: lead service lines in Chicagoland aren't necessarily immediately problematic, because the water management department here carefully manages the supply to ensure lead is mineralized; if you test your lead-service tap water for lead, you won't find any.
by tptacek
6/20/2026 at 4:26:52 AM
The two aren’t quite identical.The municipality could service all the homes and pay for it with taxes, probably using their own people or a negotiated contract.
The private (and usually no -savvy) individual has much less negotiating power and is going to get taken to the cleaners by a plumber. Three houses in a street are likely to have 3 different plumbers on 3 different dates.
It’s just like that the cost per square foot to pave a single driveway vs the entire sidewalk or foundations for a whole neighborhood.
by BobbyTables2
6/20/2026 at 8:42:57 AM
The other side of that coin is that the homeowner is paying their own money and is therefore going to actually negotiate or shop around for the best price. Whereas the government is spending someone else's money and then the way the person choosing who to award the contract to gets to have more money in their own pocket is under the table.by AnthonyMouse
6/20/2026 at 9:24:49 AM
Plus homeowner may decide to skip electric utility completely, and go with isolated home solar.Extreme case is south africa, blackout 30% of time, and people are not allowed local solars (it makes goverment look bad).
by bebe83939
6/20/2026 at 6:22:25 AM
Exactly what I was going to say. And exactly what’s intended: for someone to make money.by ozozozd
6/20/2026 at 2:50:29 AM
> Overwhelmingly, PACER is used by attorneys, who are generally well-compensated professionals with a whole host of protectionist policies insulating them from market forces. Court records can, of course, be made "free". But nothing is actually free. To make those records free, you have to take money from the general fund, which means the tax payments of people who have nothing to do with the legal profession are... funding the legal profession.Couldn't you just add a "are you a lawyer" checkbox, and only charge a fee if you check it? It would be trivial to lie here, but I doubt that many lawyers would want to risk getting caught defrauding the government when doing so would only save them a few thousand dollars a year.
by gucci-on-fleek
6/20/2026 at 4:52:58 AM
Lawyers don't use PACER. They'll have a LexisNexis or Westlaw terminal. That gets them all of the rulings and so forth, but annotated.PACER is more or less journalists, activists, and so forth.
The fees PACER charges doesn't reflect the cost that the government bears to make it available (it's much higher). It's a poor service, seemingly designed to discourage its own use. And the bureaucracy within the court system obligated to provide it seems to feel that it's far more than a burden but even an intrusion into matters that the courts would keep from the public, were it allowed.
by NoMoreNicksLeft
6/20/2026 at 5:06:00 AM
> They'll have a LexisNexis or Westlaw terminal. That gets them all of the rulings and so forth, but annotated.So I'm not familiar with this area at all, but aren't only the major rulings annotated? Based off of this sibling comment [0] (which I have no idea is correct or not), PACER is mainly used for exhibits, briefs, and motions, and I wouldn't expect for LexisNexis and Westlaw to annotate these.
by gucci-on-fleek
6/20/2026 at 2:51:34 AM
It's easy to come up with practical segmentation strategies and we should pursue them. An obvious one is jacking up the free tier, from $30/quarter to something much higher, like $1000/quarter.I mean, maybe the right answer is just to make the whole thing free. I don't know. I just know it's more complicated than the standard message board discourse suggests.
by tptacek
6/20/2026 at 8:54:08 AM
$30/quarter doesn't look like a "free tier" in the first placeby SkiFire13
6/20/2026 at 3:17:01 AM
this is right if pacer is expensive to operate for a real reasonbut 1) it has high revenue which 2) is required to go to expenses, which 3) it may not be going to expenses
(per freelaw project, at least https://free.law/2016/11/14/pacer-revenue/)
courtlistener is providing a much better service at no cost to the public through donations; it's reasonable to say 'govt is required to feed new data to courtlistener and friends', gov doesn't have to operate pacer anymore, everyone is happy
by awinter-py
6/20/2026 at 3:43:57 AM
My expectation would be that the costs of operating the PACER system encompass a lot of basic costs of handling filing and docket management that aren't relevant to passive consumers of PACER, but that don't have a clean interface to charge at otherwise, in much the same way that gas taxes are in significant part a tax to fund maintenance of roadways.by tptacek
6/20/2026 at 4:15:01 AM
https://news.ycombinator.com/item?id=24086570> I'm the director of Free Law Project. For the case mentioned in the article we actually did a full expert testimony figuring out roughly how much per page it'd cost to run PACER using AWS GovCloud and a handful of other assumptions. It was...half a ten thousandth of a penny per page, IIRC:
https://www.courtlistener.com/docket/4214664/52/15/national-...
Government’s PACER Fees Are Too High, Federal Circuit Says - https://news.ycombinator.com/item?id=24085158 - August 2020 (149 comments)
by toomuchtodo
6/20/2026 at 2:22:10 AM
> A similar dilemma faces PACER. Overwhelmingly, PACER is used by attorneys, who are generally well-compensated professionals with a whole host of protectionist policies insulating them from market forces.One of those protectionist policies is charging for PACER itself.
The costs of running PACER are absolutely trivial in comparison to the costs of running the judiciary. To the point that even bringing the point up is disingenuous to the point that it discredits everything else you say.
Case law is law. People are required to obey the law. They should be able to access the law so they can know how to follow it. It's that simple.
by stult
6/20/2026 at 1:41:49 AM
The problem is - we are all required to abide by the law. And the law is at least partially determined by precedent established by previous court cases. But those cases are behind a paywall.Yes everything costs money. But we expect that the government would provide services for the greater good of its citizens.
I can step foot in some of the greatest museums in the world for free in downtown dc. As a citizen I can get (and have) a reading card for the Library of Congress. For free. Are these services being provided by volunteers? No. My tax dollars pay for it. So should it fund electronic record keeping for legal proceedings.
by ipython
6/20/2026 at 1:58:57 AM
Federal judicial opinions are readily available online. The circuit courts and Supreme Court--i.e., the courts which actually establish precedent--post all of their opinions on their own websites. If your concern is knowing what courts (at least federal courts, where PACER is used) are saying so that you can follow the law, it's all out there for free. What PACER hosts is the rest of the case records: exhibits, briefs, motions, etc.by hypersoar
6/20/2026 at 2:11:44 AM
You're almost there but not completing the circuit. Could tax dollars pay for "free" PACER access? Absolutely they could. But is that policy distributionally (a) regressive, (b) progressive, or (c) neutral? The answer is probably (a). The tax dollars come out of everybody's pocket. The benefits accrue disproportionately to a wealthy professional class.I think we're close to a pretty nice balance in the status quo: RECAP, and a free tier. If it's me, what you do is jack the free tier up from $30 to $1000.
by tptacek
6/20/2026 at 3:14:47 AM
Who ultimately pays the fees from pacer? You’re telling me that, out of the goodness of their hearts, the lawyers take it out of their own paycheck?You’d better believe that cost, however small, is passed along to the clients of those law firms.
Now if that cost were to go to zero- no I don’t think the lawyers will charge less. But I do think that even the presence of a paywall reinforces the perceived scarcity of the legal profession. My thought is that if these documents were available more freely, we would see more democratization of the legal system.
For example, small claims doesn’t require legal representation. But knowing previous case law could definitely help even a lay person prepare a case.
by ipython
6/20/2026 at 3:44:44 AM
Sure, that's absolutely the case, but people overwhelmingly aren't involved in federal litigation. PACER is operating in an entirely different universe to local small claims courts.by tptacek
6/20/2026 at 3:59:25 AM
Admittedly a niche use case but I used pacer to research tcpa cases in order to bring litigation (successfully) against telemarketers in local courts.by ipython
6/20/2026 at 2:33:57 AM
Except for corporate lawyers and a handful of highly successful biglaw attorneys, the law profession isn’t as profitable as it once was. Student loans and creeping costs have done a lot of damage. Same with many doctors who are having to go work for group practices owned by PE firms.Free PACER access might actually help average people get better legal representation by reducing the cost burden on the small independent attorneys who don’t mingle with execs and politicians at the country club.
by iamnothere
6/20/2026 at 2:50:16 AM
I think if you do the math on this you're going to find that PACER fees are not really a significant component of the cost of representation. Westlaw/Lexis-Nexis maybe?by tptacek
6/20/2026 at 3:36:22 AM
Fair, I agree that those are a much bigger component. Still, every little reduction in cost probably helps. The cost of education is the real killer but I have no idea how to fix that.by iamnothere
6/20/2026 at 5:17:16 AM
> The problem is - we are all required to abide by the law. And the law is at least partially determined by precedent established by previous court cases. But those cases are behind a paywall.In 2026, this is similar to having secret laws, as your LLM might not have a subscription or know to tell you to get one
by manyatoms
6/20/2026 at 2:09:14 AM
We should always be allowed to read and know the law we're required to follow. Preferrably for free or easily.by nickpsecurity
6/20/2026 at 8:11:10 AM
> But the thing here is: there's no free money. We all pay for the service line replacement one way or the otherWhich is a major difference between that and PACER, since they're serving text and the marginal cost of more people having access to it is essentially zero.
If you make the homeowners pay for the service line replacement, the number of service lines that will be replaced is the same. If you make the public pay for access to the law, this happens:
> Overwhelmingly, PACER is used by attorneys, who are generally well-compensated professionals with a whole host of protectionist policies insulating them from market forces.
...because everyone else is priced out by the fees, or even just the friction of having to configure payments for someone who is only going to use it infrequently. Which means the general public loses out on having access to something it would have a negligible marginal cost to give them.
Imagine, for example, an open source project to search or otherwise process court opinions, which then needs access to all of them. If the government is charging per page, that's completely infeasible. If there is a public torrent of all the opinions, people get to do interesting things they currently can't. And this is not just public information but legal precedent that everyone is expected to comply with -- and yet is being charged to even read it.
Also, this isn't right even for the service lines:
> In fact, having the municipality pay for homeowner service line replacement is straightforwardly regressive: it's a subsidy to homeowners, paid in part out of the pockets of people who don't own.
As a minor point, municipalities get their revenue predominantly from property tax, which is collected from property owners.
The main issue is that the outlay is a fixed cost. The cost of replacing the service line will generally be similar for a $200k house as for a $2M house. Meanwhile taxes are collected in proportion to property value or income. If you tax everyone by even a flat X percent in order to give everyone a flat Y dollar amount benefit, the result is a progressive effective rate curve, because everyone gets e.g. a $10,000 benefit but a lower income person is paying $2500 in tax while a higher income person is paying $25,000, making the lower income person's net transfers to the government not just low but negative.
by AnthonyMouse
6/20/2026 at 4:37:07 AM
I agree with the analysis of lead service lines, but serving static files is lot cheaper than replacing underground pipes—so much cheaper that I think it’s qualitatively different.by divbzero
6/20/2026 at 3:29:24 AM
Excellent analogy. One note. As a result of a settlement, PACER waives usage fees under $30 per quarter, apparently on the theory that lawyers will rack up more than that while the general public won’t. Doesn’t totally fix the problem but it does move in that direction.by rayiner
6/20/2026 at 2:00:53 AM
[flagged]by cvalka
6/20/2026 at 2:09:57 AM
I am in fact not well educated. I earned (barely) a diploma from St. Ignatius College Prep (AMDG!) in Chicago in the mid-1990s, and that's it. So I think you have to grade me on a curve.by tptacek