Robert Ambrogi Blog
The Illinois Supreme Court today released a policy on the use of generative AI in the courts that authorizes its use by attorneys, judges, court staff and others, provided the use complies with legal and ethical standards.
The Illinois Supreme Court AI Policy, which will take effect Jan. 1, emphasizes that attorneys, judges and self-represented litigants remain accountable for their work product, without regard to technological advances.
“All users must thoroughly review AI-generated content before submitting it in any court proceeding to ensure accuracy and compliance with legal and ethical obligations,” the policy says. “Prior to employing any technology, including generative AI applications, users must understand both general AI capabilities and the specific tools being utilized.”
The policy also says that courts are to be vigilant against the potential of AI technologies to jeopardize due process, equal protection, or access to justice. “Unsubstantiated or deliberately misleading AI-generated content that perpetuates bias, prejudices litigants, or obscures truth-finding and decision-making will not be tolerated.”
The policy also addresses the importance of maintaining privacy and confidentiality.
“AI applications must not compromise sensitive information, such as confidential communications, personal identifying information (PII), protected health information (PHI), justice and public safety data, security-related information, or information conflicting with judicial conduct standards or eroding public trust,” the policy says.
The policy was drafted by the Illinois Judicial Conference Task Force on Artificial Intelligence, which the court created earlier this year to recommend how the judicial branch should regulate and use AI.
The Task Force was cochaired by Williamson County Judge Jeffrey A. Goffinet and 17th Judicial Circuit Trial Court Administrator Thomas R. Jakeway, and included judges, attorneys, court staff, and other stakeholders.
“Courts must do everything they can to keep up with this rapidly changing technology,” Chief Justice Mary Jane Theis said in a press rlease announcing the policy. “This policy recognizes that while AI use continues to grow, our current rules are sufficient to govern its use. However, there will be challenges as these systems evolve and the court will regularly reassess those rules and this policy.”
The court also released a reference sheet for judges regarding the use of AI in the courts.