Federal Courts and CM/ECF: Still Pretending, Still Failing

If you’ve followed my posts on the law, you already know my concerns about the federal judiciary run deep. I’ve written about the hypocrisy of calling lawyers “officers of the court” while expecting them to remain silent when judges overreach, constitutional guardrails are ignored and accountability disappears behind the authority of the bench.

Now, zoom out from any individual courtroom and look at the federal judiciary as a whole.

The Administrative Office of the U.S. Courts is trumpeting its latest “fix”: multifactor authentication for PACER. PACER is the public-facing service through which people search for and access federal court records.

Behind PACER is CM/ECF, which stands for Case Management/Electronic Case Files. It is the federal judiciary’s online system for managing cases and allowing attorneys to file legal documents electronically. In other words, it is the digital backbone of the federal court system.

This is the same system that charges the public to access court records, hides filings behind paywalls and has now proven incapable of adequately protecting the information entrusted to it. CM/ECF was hacked. Not theoretically. Not hypothetically. Hacked.

And the response? A text-message code. Multifactor authentication.

It is a bicycle lock placed on a vault that has already been looted. Cybersecurity experts have been blunt: MFA alone will not stop sophisticated attackers. It is like giving the Titanic more life jackets after the ship is already underwater.

The deeper problem is the arrogance of a federal court system that claims transparency while placing barriers between the public and its own records. It preaches integrity while its infrastructure crumbles. It calls lawyers “officers of the court” while too often expecting obedience and silence in the face of judicial overreach.

The breach of CM/ECF is not merely an information-technology failure. It is a metaphor for the judiciary itself: fragile, compromised and pretending to be secure while anyone looking closely can see the cracks.

When the official records of the Republic—filings, evidence, confidential information and sealed motions—can be stolen or compromised, the integrity of the entire judicial system is placed at risk. The public is asked to trust an institution that too often treats accountability as an inconvenience and transparency as something to be carefully rationed.

The pattern is unmistakable: the federal courts appear increasingly concerned with protecting their own authority first and serving the public second. Every new “fix” becomes another patch on a ship whose underlying problems remain unaddressed.

So, when you hear the phrase “officers of the court,” remember that it should represent a commitment to justice, integrity and the Constitution—not unquestioning loyalty to an institution that refuses to confront its own failures.

Until the federal judiciary embraces genuine transparency and accountability, the phrase will sound less like a badge of honor and more like a punchline in a system that has been compromised—both digitally and morally.

Published by Ed Kowalski

Ed Kowalski is a Pleasant Valley resident, media voice, and policy-focused professional whose work sits at the intersection of law, public policy, and community life. Ed has spent his career working in senior leadership roles across human resources, compliance, and operations, helping organizations navigate complex legal and regulatory environments. His work has focused on accountability, risk management, workforce issues, and translating policy and law into practical outcomes that affect people’s jobs, livelihoods, and communities. Ed is also a familiar voice in the Hudson Valley media landscape. He most recently served as the morning host of Hudson Valley This Morning on WKIP and is currently a frequent contributor to Hudson Valley Focus with Tom Sipos on Pamal Broadcasting. In addition, Ed is the creator of The Valley Viewpoint, a commentary and narrative platform focused on law, justice, government accountability, and the real-world impact of public policy. Across broadcast and written media, Ed’s work emphasizes transparency, access to justice, institutional integrity, and public trust. Ed is a graduate of Xavier High School, Fordham University, and Georgetown University, holding a Certificate in Business Leadership from Georgetown. His Jesuit education shaped his belief that ideas carry obligations—and that leadership requires both discipline and moral clarity. He lives in Pleasant Valley.

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