In re: Owen

Filing 3

AMENDED ORDER by Clerk (delegated authority) granting exemption of PACER fees to Colorado Prison Law Project, Elisabeth L. Owen, Director, on 09/12/14. Correction of signature date.(ebutl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
In Re: Application for Exemption from
the Electronic Public Access Fees for
Not-For-Profit and Pro Bono
Organization Colorado Prison Law
Project, Elisabeth L. Owen, Executive
Director

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Misc. Case No. 14-mc-0211
Amended Order

This matter is before the Court’s Determining Officer, as authorized and
delegated from the Clerk of the Court and the Chief Judge, upon the application and
request by Not-For-Profit Organization Colorado Prison Law Project, Elisabeth L. Owen,
Executive Director. The Colorado Prison Law Project requests an exemption from the
fees imposed by the Electronic Public Access fee schedule adopted by the Judicial
Conference of the United States, supplemental to the filing and miscellaneous fee
provisions prescribed under 28 U.S.C. § 1914.
The Determining Officer finds that Ms. Owen has entered her appearance as a
pro bono attorney in multiple prisoner civil rights cases representing indigent parties as
the Executive Director and Managing Attorney of the Colorado Prison Law Project, and
these appearances justify designation of the Project as within the class of users listed in
the fee schedule as eligible for a fee exemption. In addition to Ms. Owen, other
attorneys associated with the program have entered appearances as pro bono counsel.
Ms. Owen has confirmed for this Determining Officer’s satisfaction that an exemption for
the Colorado Prison Law Project is necessary because the program is a not-for-profit
organization that provides 100 percent pro bono legal services to an indigent
population. Ms. Owen has demonstrated that an exemption is necessary in order to
avoid unreasonable burdens and to promote public access to information. Because of
Ms. Owen’s repeated appearances, and the Colorado Prison Law Project’s continuing
participation in the district court’s Civil Pro Bono Panel representing indigent and/or
detained parties in civil actions, the Determining Officer finds that the Colorado Prison
Law Project should be exempt as an organization from a fee for electronic access for
court data. In particular, the sizable amount of work performed by the organization on a
pro bono basis in such cases as 06-cv-00405-MSK-KMT Freeman v. Carroll, et al,
11-cv-01756-DME-MJW Freeman v. Woolston, et al, 09-cv-00983-WYD-KLM Gibson v.
Campbell, et al, and 13-cv-02789-PAB-BNB Wanstall v. Armijo, et al. demonstrate that
an exemption is justified and should be effective for time spent on such cases, at least
to April 1, 2013.
Accordingly, Attorney and Executive Director Elisabeth L. Owen of the Colorado
Prison Law Project shall be exempt from the payment of fees for access via PACER to
the electronic case files maintained in this court, to the extent such use is incurred in the
course of Ms. Owen’s appearances as a pro bono attorney in civil cases in the District
of Colorado on behalf of the Colorado Prison Law Project, as well as for the purpose of
researching lawsuits to determine whether the Project will provide pro bono
representation, or in furtherance of existing pro bono representation.

Additionally, the following limitations apply:
1. This fee exemption applies only to Elisabeth L. Owen, Executive Director of
the Colorado Prison Law Project and is valid only for the purposes stated above.
2. This fee exemption applies only to the electronic case files that are available
through the PACER system.
3. By accepting this exemption, Ms. Owen agrees not to sell for profit any data
obtained as a result of receiving this exemption; nor to transfer any data obtained
as a result of the exemption, without express authorization by the court.
4. This exemption will remain valid and continuing on the condition that the
Colorado Prison Law Project maintains an active, pending civil pro bono
caseload in the District of Colorado.
5. This exemption should be effective nunc pro tunc to the date of April 1, 2013.
6. Ms. Owen, as the fee exemption holder, shall notify the court and the PACER
Account Service Center when Colorado Prison Law Project is no longer
appearing in District of Colorado cases on a pro bono basis.
This exemption may be revoked at the discretion of the Court through the
Determining Officer at any time. A copy of this Order will be sent to the PACER Service
Center.
Dated at Denver, Colorado this

12th

day of September, 2014.
By: s/Edward P. Butler
Edward P. Butler, Determining Officer
U.S. District Court, District of Colorado