The Illinois Supreme Court, the highest court in the state of Illinois, is among the first in the US to regulate the use of artificial intelligence (AI) in the legal field. So far, only Delaware has adopted similar principles. Illinois has outlined in a policy paper the basis on which judges, lawyers, court administration, and other judicial entities may use AI to draft documents. These principles will take effect on January 1, 2025.
The document specifies that the use of AI must align with legal and ethical standards. All users remain responsible for the outcome of their work, regardless of technological advancements. Therefore, all users must carefully review AI-generated content to ensure the quality of their work.
The principles also mandate vigilance from the courts, as AI processes have the potential to affect due process, the principle of equality, or access to justice. The document cites examples such as content that reproduces biases, prejudges parties, or makes truth and decision-making opaque.
Another key point is the protection of privacy and confidentiality, which must not be compromised by the use of AI. The court plans to regularly review the principles to adjust them as necessary to keep pace with technological advancements. The document clearly states that judges remain fully responsible for their decisions.
In addition to the policy paper, there is a guide for judges listing the key points to consider when using AI. The document also highlights dangers such as hallucinating AIs or deepfakes, briefly explaining what they are and the potential consequences.
Despite the potential problems, the Supreme Court sees significant opportunities in technological advancement to improve service for all parties in court and ensure easier access to justice. Therefore, they continuously focus on education in new technology fields, including AI.