Hearing of the House Judiciary Committee - Opening Statement of Rep. Collins, Hearing on The Federal Judiciary in the 21st Century

Hearing

Rep. Doug Collins (R-Ga.), Ranking Member of the House Judiciary Committee, made the following opening statement at today's hearing, "The Federal Judiciary in the 21st Century."

Below are the remarks as prepared.

Ranking Member Collins: Thank you, Chairman Johnson and Ranking Member Roby, for holding this hearing and thank you to all our distinguished witnesses for coming to testify today.

I commend this subcommittee for meeting to evaluate ways Congress can promote the public's interest in judicial proceedings and protect parties' rights.

The federal judiciary serves a vital role in the United States by ensuring all Americans have access to a fair and impartial system of justice. For centuries, the federal judiciary has been a pillar of our democracy because it has held itself to the highest standards of the legal profession. In the area of employing technology, however, the federal judiciary falls short.

For example, let's look at the federal courts' outdated electronic records system, the Public Access to Court Electronic Records system (PACER). States, like my home state of Georgia, have electronic records systems that enable easy searches and free access to records, yet federal court records are very difficult to search through, and the system charges users to view each page. While state courts and law firms are using 4G and Google, the federal courts are still using dial-up and AOL.

The need to improve access to electronic federal court records has long been a concern of mine. That is why I reintroduced the Electronic Court Records Reform Act to bring the federal court's electronic records system into the 21st century. I look forward to considering and passing this legislation soon.

Transparency is important, but we must be careful not to create more problems than we solve. I have significant concerns about proposals to put cameras in federal courts.

Federal courts hear and adjudicate politically charged and impactful cases every day. The addition of cameras to such contentious proceedings is likely to result in less trust and greater politicization of our courts. All we need to do is look at their effect on this Congress to see what a distraction and obstacle to progress they can be.

Finally, I also have significant concerns about efforts to limit the discretion afforded district court judges to seal filings in instances in which the disclosure of information would unnecessarily harm a party. Under current law, federal judges have the discretion to review requests to seal records and balance the public's First Amendment right to access against the parties' right to protect their confidential information.

Litigants and courts use tools such as sealing filings and protective orders to protect individuals' intellectual property and personal information, such as financial or medical records. Sealed filings and protective orders also expedite litigation by enabling parties to share sensitive documents relevant to the case, without the risk of inadvertent disclosure or misappropriation. As we strive for transparency in our federal court system, I insist we respect litigants' rights and confidential information.

In closing, I am thankful we are holding this hearing, and I am cautiously optimistic it will result in proposals to ensure transparency and accountability without unintended consequences.

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