By Sholdon Daniels
As a criminal defense attorney, I have seen firsthand how systemic barriers prevent access to justice. One of the most egregious examples of this in Texas is Tarrant County’s subscription-based model for accessing public criminal records. It’s a system that undermines transparency, penalizes smaller law firms, and places an undue financial burden on defense attorneys and their clients. This paywall is an affront to the core principles of justice, and it’s time we demand change.
The Problem: A Paywall on Public Information
In Tarrant County, attorneys are required to subscribe to an online service to access public criminal records. Let’s be clear about what that means—information that is supposed to be free and available to the public is being locked behind a paywall. The county frames this as a way to recoup administrative costs, but in practice, this system essentially privatizes access to legal records. What should be a straightforward public service has instead become a money-making scheme at the expense of smaller firms and solo practitioners.
For large firms with deep pockets, the cost of accessing these records may seem like a minor inconvenience. But for smaller firms, solo attorneys, and clients with limited financial resources, this paywall is a significant barrier. It creates an uneven playing field, making it harder for those attorneys—who often represent the most vulnerable in our communities—to build the strongest defense possible. It’s a burden that disproportionately impacts those who can least afford it, and the ripple effect on clients is undeniable.
The Injustice of a Privatized System
This is more than just a financial inconvenience; it’s an injustice. Criminal defense attorneys rely on public records to prepare for cases, investigate charges, and build strong defenses for their clients. The fact that Tarrant County has decided to restrict access to these critical tools by placing them behind a paywall shows a blatant disregard for the principles of transparency and fairness. It feels less like administrative upkeep and more like a tax on justice.
This system not only places a financial burden on defense attorneys, but it also limits their ability to represent clients effectively. If you can’t access the information you need, you can’t provide the quality defense that every client deserves. The result? A justice system that disproportionately benefits those with financial resources while punishing those without. That’s not justice—that’s a broken system.
What Needs to Change
This paywall system cannot continue. Tarrant County must abolish the practice of charging for access to public criminal records and return to a system where these records are available to the public—free of charge, as they are meant to be. There are alternatives for recouping administrative costs that don’t involve privatizing public records, such as state or county funding, or adjusting filing fees for non-indigent clients. But under no circumstances should access to critical legal information be contingent on paying for a subscription service.
A Call to Action: The Legal Community Must Unite
I’m calling on the legal community—defense attorneys, civil liberties organizations, and anyone who believes in the principles of open justice—to unite and challenge this system. Whether through lobbying, legal action, or forming coalitions, we must push back on this paywall. It’s not just about helping attorneys; it’s about protecting the rights of our clients. When defense attorneys are blocked from accessing public records, it’s the clients who suffer the most. This system represents a fundamental violation of the right to due process and equal access to justice.
If we truly believe in the values of fairness and transparency in our legal system, then we cannot stand idly by while Tarrant County continues to charge for access to public information. This paywall must go, and I am committed to leading the charge for reform. Together, we can demand a legal system that works for everyone—not just those who can afford to pay.
Join the Movement for Justice
Let’s make this a turning point. I encourage every attorney, every civil rights advocate, and every person who believes in justice to take action. Share this message, speak out against the paywall system, and advocate for its abolition. With enough momentum, we can bring down these barriers and ensure that public criminal records are truly public.
Contact my office for more information.
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