There’s been a lot of focus on transparency in government. The one branch of government though that doesn’t get nearly the attention it deserves for its lack of transparency is the judicial branch.
On the state level, North Carolina appellate courts do a pretty good job of making opinions available to the public on their web sites.
However, on the federal level, it is almost impossible for someone to get a district court opinion without paying for some type of legal research service (e.g. WestLaw, Pacer, etc). You can go to almost any state supreme court and access an opinion. Whereas, you can’t find a single opinion on most district court sites.
I’m sure the federal court system will whine about costs. However, it is very difficult to understand how it takes much effort to PDF a case and put it on a web site.
This is a bipartisan type of issue that Congress should address immediately–get court opinions up on web sites so the public can see what our courts are doing.
There are many other transparency issues as well with courts, including whether appellate proceedings should be filmed. That’s a difficult question.
However, at a minimum, why aren’t all courts making transcripts of oral arguments online? This includes both state and federal courts. There also should be audio recordings as well.
The impact that the judiciary has on our lives is significant. We should know what they are doing without having to pay to find out.
