Simply put, usage of the BBS not only saves the time of attorneys and parties, but it drastically reduces staff time answering inquiries. Currently, an attorney who has never used the BBS can dial in, register, and obtain current information on her or his case. Under the fee system, the new user would have to make arrangements with the San Antonio headquarters for payment and issuance of a password and then be eligible to use the system. Of course, any snafus or disputes over billing would result in additional delays. About 50 per cent only use it once a month.
Users constantly change as some attorneys only have one pending appeal.
This would be particularly true of sole practitioners and small firm lawyers who do not have a regular federal practice. Charging a fee for this previously free public information amounts to a confiscatory tax on public information. In addition charging such a fee raises serious questions as to whether the courts are dissuading the many new computer services that have recently started to compete with the large companies which have traditionally provided the lawyers with legal research materials. The Department is looking for ways to improve public access to federal court opinions. Our system has no barriers, encourages public access, and saves the government money.