Senators Introduce Bill to Make PACER Free for All Users
The Open Courts Act proposes removing fees for federal court records on PACER.
Why it matters: Free access would transform legal research and boost transparency in federal courts. It could democratize public access to over 1 billion documents collected on PACER since 1988.
- The Open Courts Act was introduced June 2, 2026, to overhaul PACER and cut access fees.
- PACER currently charges $0.10 per page with a $3.00 cap per document, waiving fees under $30 quarterly.
- PACER hosts more than 1 billion court documents from 200+ federal courts.
- PACER collects over $145 million annually in user fees, funding federal courts’ electronic records.
- A 2019 bill also aimed to make PACER free but did not advance in Congress.
On June 2, 2026, senators introduced the Open Courts Act, legislation designed to overhaul the Public Access to Court Electronic Records (PACER) system by eliminating user fees for accessing federal court documents.
PACER, established in 1988, provides electronic public access to case and docket information from over 200 federal courts. Currently, users pay $0.10 per page with a maximum fee of $3.00 per document. The system waives fees if a user’s total charges are less than $30 in a quarter, but these costs have been criticized for limiting public access.
The system holds more than 1 billion documents, serving legal professionals, journalists, and the public. Each year, PACER collects upwards of $145 million in fees, which support court operations.
This is not the first legislative attempt to make PACER free. In 2019, the Electronic Court Records Reform Act was introduced but failed to advance. It stated, "All documents on the system shall be available to the public and to parties before the court free of charge."
The Open Courts Act represents a renewed effort to democratize access to federal court records, enhancing transparency and potentially improving access to justice nationwide. However, details on alternative funding for federal courts if fees are removed have not yet been disclosed.
By the numbers:
- $0.10 per page with $3.00 max — current PACER fees
- 1 billion+ documents — stored on PACER since 1988
- $145 million — annual revenue PACER generates from fees
Yes, but: The Open Courts Act does not clarify how federal courts would fund PACER operations without the current user fees.
What's next: Congress will consider the Open Courts Act; timeline for enactment remains uncertain.