California Judicial Council implements rule for generative artificial intelligence use in court

Policies must block confidential information from being input into public generative AI systems; they must also ban unlawful discrimination via AI programs. Court staff and judicial officers must also “take reasonable steps” to confirm the accuracy of material, as per a statement published by Reuters. Staff and judicial officers must also reveal whether they used AI if the final version of any publicized written, visual, or audio work was AI-generated.

Courts must implement their respective policies by September 1.

Task force chair Brad Hill told the council in a statement published by Reuters that the rule “strikes the best balance between uniformity and flexibility.” He explained that the task force steered clear of a rule that would dictate court use of the evolving technology.

Illinois, Delaware, and Arizona have also taken on generative AI rules or policies. New York, Georgia, and Connecticut are presently evaluating generative AI use in court.

California’s court system comprises five million cases, 65 courts, and around 1,800 judges. The AI task force was established to address the increasing interest in generative AI as well as public concern about its effect on the judiciary; it supervises the development of AI use policy recommendations in this branch.