Highlights
The Delaware Supreme Court has issued an interim policy regulating which generative artificial intelligence platforms can be used and how court employees can use them
The Supreme Court of Georgia has established an ad hoc committee to begin examining the potential benefits and risks of AI in the administration of justice
Given new regulation and guidance for the use of AI, those who interact with the legal system should stay abreast of new AI requirements and developments
Court systems and the broader legal community are grappling with how best to address the benefits and potential risks associated with the proliferation of generative artificial intelligence (GenAI). The Delaware and Georgia Supreme Courts both issued orders on October 22, 2024 regarding their efforts on this front.
Delaware adopted an interim policy on the use of GenAI by court personnel and Georgia established an ad hoc committee to recommend best practices and possible uses of AI in the administration of justice.
Delaware
The Delaware Commission on Law and Technology (DCLT), whose mission includes the responsibility to “evaluate evolving technology and identify critical needs and gaps,” has issued an interim policy for the use of GenAI by “judicial officers, clerks and law clerks “ designed and recommended “, interns, externs and volunteers” within the Delaware Judicial Department.
The Delaware Supreme Court has now adopted this interim policy “to ensure the safe and appropriate use of GenAI by judicial officers and court personnel, but not as a substitute for judicial, legal, or professional expertise” or as a substitute for human “decision-making function.”[s].”
According to the interim policy, court employees who use GenAI “are responsible for ensuring the accuracy of all work products and must exercise caution when relying on GenAI's results.” To mitigate potential risks of GenAI, court employees may only use certain Those using approved GenAI platforms must be trained on GenAI's capabilities and limitations and must enter non-public information into non-approved platforms.
The DCLT is intended to monitor how the interim policy is implemented and report any proposed changes that may come to light as GenAI use expands in Delaware courts.
Georgia
The Supreme Court of Georgia has announced a final list of 16 members of the Ad Hoc Committee on Artificial Intelligence and the Courts, the first meeting of which was held on October 23, 2024. The committee was formed by order of the Judicial Council of Georgia on August 13, 2024, to “assess the risks and benefits of using generative artificial intelligence in the courts and make recommendations to ensure that the use of AI increases public confidence in the.” “Do not undermine justice system.”
The order establishing the ad hoc committee specified that it should be composed of members from all branches of the judicial system, including judges from various court levels, a prosecutor, a public defender, a district court administrator, and a representative from the Georgia AI Committee's attorney's office.
The ad hoc committee is tasked with “making recommendations on possible uses of AI that could benefit the administration of justice and access to justice.” In order to achieve this goal, the Committee must consider ten priorities, in addition to any other points it deems appropriate. Key areas of focus include:
- National and international best practices
- The potential impact on evidence in court – authentication, deepfakes and the ability to enhance audio or video recordings
- The appropriateness of current court rules and ethical standards when dealing with the use of AI
- The impact of bias, confidentiality and security issues when using AI
- The need for education about the benefits and risks of AI
The Ad Hoc Committee's authorization expires on June 30, 2025, but may be extended by further order of the Judicial Council of Georgia.
Takeaways
Discussions about the use of GenAI are increasing in legislation among both court staff and lawyers. Courts across the country are taking action to establish or mandate rules for the acceptable use of GenAI in litigation and by judicial personnel. Those who are part of or interact with the legal community should stay abreast of developments in court rules to ensure compliance with court requirements.
For further information, please contact the Barnes & Thornburg attorney you work with or William Carlucci at 973-775-6107 or william.carlucci@btlaw.com, Kaitlyn Stone at 973-775-6103 or kaitlyn. stone@btlaw.com. Michael Zogby at 973-775-6110 or michael.zogby@btlaw.com or Nicholas Sarokhanian, chair of the Artificial Intelligence practice, at 612-367-8795 or nicholas.sarokhanian@btlaw.com.
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