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Illinois Supreme Court Releases Policy Authorizing Ethical Use of AI in the Courts

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.