Illinois Supreme Court Announces Policy on Artificial Intelligence

The Illinois Supreme Court announced today the release of its policy on Artificial Intelligence (AI) in the courts, following the approval of a report submitted by the Illinois Judicial Conference (IJC) Task Force on Artificial Intelligence.

The IJC AI Task Force (Task Force) was created in early 2024 and was charged with recommending how the Illinois Judicial Branch should regulate and use AI. The Task Force, cochaired by Williamson County Judge Jeffrey A. Goffinet and 17th Judicial Circuit Trial Court Administrator Thomas R. Jakeway, included judges, attorneys, court staff, and other stakeholders. The Task Force created three subcommittees to facilitate thoughtful examination on the topics of policy, education, and customer service. The Task Force also reviewed court rules to determine whether amendments were warranted on account of the intersect of AI and the practice of law.

“Courts must do everything they can to keep up with this rapidly changing technology,” Chief Justice Mary Jane Theis said. “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 full policy can be found here. A judicial reference sheet has also been created to assist judges.

The Illinois Supreme Court remains steadfast in its commitment to upholding the highest ethical standards in the administration of justice, and understanding the capabilities and limitations of AI technology is essential for the Illinois Judicial Branch. The integration of AI with the courts is increasingly pervasive, offering potential efficiencies and improved access to justice. However, it also raises critical concerns about authenticity, accuracy, bias, and the integrity of court filings, proceedings, evidence, and decisions. The Illinois Courts will be vigilant against AI technologies that 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 use of AI by litigants, attorneys, judges, judicial clerks, research attorneys, and court staff providing similar support may be expected, should not be discouraged, and is authorized provided it complies with legal and ethical standards.

The Rules of Professional Conduct and the Code of Judicial Conduct apply fully to the use of AI technologies. Attorneys, judges, and self-represented litigants are accountable for their final work product. 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. Prior to employing any technology, including generative AI applications, users must understand both general AI capabilities and the specific tools being utilized.

This policy reflects the Illinois Supreme Court’s commitment to upholding foundational principles while exploring the potential benefits of new AI technologies in a dynamic landscape. The Court will regularly reassess policies as these technologies evolve, prioritizing public trust and confidence in the judiciary and the administration of justice. Judges remain ultimately responsible for their decisions, irrespective of technological advancements.

The Court encourages the development of technologies that enhance service to all court users and promote equitable access to justice. To facilitate this, the judicial branch will support ongoing education on emerging technologies, including AI.

The IJC is the body charged with strategic planning for the Illinois Judicial Branch and is comprised of 29 voting members: 15 judges and 14 non-judges, with the Chief Justice serving as Chair. The Judicial Branch’s 2022-2025 Strategic Agenda is available here.