Delaware and Georgia Supreme Courts tackle AI use in courts

Court systems and the broader legal community are grappling with how to best address the benefits and potential risks associated with the proliferation of generative artificial intelligence (GenAI) technology. The Delaware and Georgia Supreme Courts both issued orders on October 22, 2024 regarding their efforts on this front.

Delaware has adopted an interim policy regarding the use of GenAI by court personnel and Georgia has established an ad hoc committee to recommend best practices and potential applications of AI in the administration of justice.

Delaware

The Delaware Commission on Law and Technology (DCLT), whose mission includes the responsibility “to assess evolving technology and identify critical needs and gaps,” has established and recommended an interim policy regarding the use of GenAI by “ judicial officers, employees, clerks, interns, externs and volunteers” within the Delaware judiciary.

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 to be used as a substitute for judicial, legal or professional expertise” or as a substitute for human action. “Decision function[s].”

According to the interim policy, court personnel using GenAI “are responsible for ensuring the accuracy of all work products and should exercise caution when relying on GenAI output.” To help mitigate the potential risks of GenAI, court personnel may only use certain approved GenAI platforms, must receive training on GenAI’s capabilities and limitations, and are prohibited from entering non-public information on unapproved platforms .

The DCLT should monitor how the interim policy is implemented and report any proposed changes that may come to light as the use of GenAI increases 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, which met for the first time 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 enhances public trust in the legal system.”

The order forming the ad hoc committee stipulated that it should consist of members from all facets of the legal system, including judges from various levels of the courts, a prosecutor, a public defender, a district court administrator and a representative of the state bar. of the Georgian AI Committee.

The ad hoc committee is tasked with “making recommendations on potential applications of AI that could benefit the administration of justice and access to justice.” To achieve this goal, the committee should consider ten key areas of concern, in addition to any other areas it deems appropriate. The points of interest include:

• National and international best practices
• The potential impact on evidence in the trial: authentication, deepfakes and the ability to enhance audio or video recordings
• The adequacy of current judicial rules and ethical standards in addressing 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 authorization for the ad hoc committee expires on June 30, 2025, but may be extended by further decision of the Judicial Council of Georgia.

Takeaways

Discussions about the use of GenAI are increasing in the law, both by court staff and attorneys. Courts across the country are taking action to establish or prescribe rules regarding 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 court requirements are met.