Recently, the Delaware Supreme Court announced a new interim policy that spells out how artificial intelligence will be used by judges and court officials. The use of AI tools is allowed by the Delaware Supreme Court but limited in certain ways so that judicial processes are not tainted and correct.
Judicial officers and their staff should exercise due care when using these generative AI tools. Undoubtedly, liability for the full or partial production of these will not be protected in any case. Secondly, all AI tools to be used during official duties must first be approved by the court administrative body.
Interim policy lays greater emphasis on proper training before the release of AI tools to be used in the courts. Generative AI use has been forbidden from further sub-delegation of decision-making power by judicial personnel to highlight and reflect the role of human oversight in judicial affairs.
Delaware Supreme Court Justice Karen Valihura, co-chair of the Delaware Commission on Law and Technology, commented on the policy, saying she thinks it is a dual-natured role for AI technology – helping develop benefits while conjuring risks and challenges. She said she hopes the interim policy will be important in providing critical protections for judges and court staff as this is all evolving.
The brevity of the policy is reflective of the rapid emergence of generative AI technologies and the need for courts to evolve quickly against those changes. It reflects a larger trend within the legal sector: judges, courts, and law firms across the country are re-evaluating the impact that AI integration will have on their work. It’s worth noting that on the same day the Georgia Supreme Court announced an AI committee, it said it will be forming a committee to look into the impact of AI on the judiciary, following similar initiatives by other state and federal courts.
The guidelines of the Delaware Supreme Court mark an important step forward in setting a framework for responsible use of technology in the judicial system as the legal community continues its exploration and experimentations with integration into AI. The policy strikes a delicate balance between innovation and the imperative to maintain the rule of law and the quality of judicial decision-making.
This development in Delaware underlines a very fundamental debate about the role that technology should play in law and the need for constant review because AI becomes even more intertwined with the court functions.
