Shaping Ethical AI Standards for the Courts

Shaping Ethical AI Standards for the Courts

In an article by Esquire Deposition Solutions, judges across the U.S. increasingly focus on the ethical incorporation of artificial intelligence (AI) into judicial work, mirroring the growing adoption of AI by lawyers. 

According to the article, the Georgia Supreme Court recently formed an Ad Hoc Committee on AI and the Courts to address AI’s impact on evidence rules, civil and criminal procedures, lawyer competency standards, and vendor accountability. This effort coincides with the State Bar of Georgia’s establishment of a Special Committee on AI and Technology to evaluate these developments and recommend updates to lawyer ethics rules.

Judicial ethics opinions from states like Michigan and West Virginia underscore judges’ obligation to develop technology competence and supervise AI use in courtrooms. Michigan’s Opinion JI-155 emphasizes the need for judges to evaluate AI tools, from docket management to sentencing support, while distinguishing between AI’s role in informing decisions versus deciding cases. Similarly, West Virginia’s Opinion No. 2023-22 advises judges to treat AI outputs like a law clerk’s research but prohibits using AI to determine case outcomes due to potential biases.

The article notes that other states are issuing frameworks to guide AI adoption, such as Connecticut’s Responsible AI Framework and Maryland’s Guidelines for Acceptable AI Use. These efforts reflect a judiciary preparing for AI’s widespread integration. 

As 76% of corporate legal departments and 68% of law firms already use AI, according to the latest Wolters Kluwer Future Ready Lawyer report, challenges like generative AI reliability and data privacy dominate discussions. The judiciary’s proactive stance is vital to addressing these issues and ensuring ethical AI standards for the Courts.