Update on Artificial Intelligence in the Illinois Courts
To some extent, the fury involved with Artificial Intelligence (AI) has slowed, but be advised AI continues to evolve and impact the fray of legal practice in Illinois and beyond. Reliable AI tools have become available for a price and for free. Courts have continued to study AI, how it is being used, and how it might be used. Here, ChatGPT 3.5 is deployed below to provide Open AI’s disposition on the status of the use of AI in Courts, through use of the internet. Further below, an Administrative Order of the Twenty-Second Judicial Circuit is provided to state what might be the first policy and plan of a Court on AI in Illinois. Its design is intentionally simple and broad to hopefully be effective along the lines suggested in it.
What is the current state of the use of AI in the courts of the United States?
The use of AI in U.S. courts is evolving, with both state and federal systems gradually incorporating it to enhance efficiency while carefully managing ethical concerns. Various courts are exploring AI's potential in areas like legal research, drafting documents, and case management, aiming to streamline internal processes and assist self-represented litigants. However, the judicial system is cautious about how AI, particularly generative AI, might affect fairness, confidentiality, and decision-making.
In early 2024, the National Center for State Courts (NCSC) released interim guidelines to help courts navigate these challenges. This includes advice on avoiding the use of biased AI tools, safeguarding confidentiality when using AI for research or drafting, and understanding the risks of relying on AI-generated information, which may be inaccurate or biased. Courts are also developing guidelines for integrating AI while ensuring ethical compliance, such as avoiding AI-driven ex parte communication and protecting impartiality [sources omitted].
Some courts and legal professionals are already required to disclose the use of generative AI in filings and legal documents. Judges and attorneys are also encouraged to maintain technical competence, ensuring they understand how AI tools work and when it is appropriate to use them [sources omitted]. Despite these advances, there is still a strong emphasis on human oversight to maintain the integrity of the legal process.
This balance between innovation and caution is essential as AI's role in the legal system continues to grow.
SOURCE: chatgpt.com/c/67082aca-0e94-8011-8115-d294ece34749.
Administrative Order No. 2024-23
22nd judicial circuit
McHenry County, Illinois
(Artificial Intelligence Policy and Plan)
WHEREAS, Artificial Intelligence (AI) has existed in various forms over the last half century or so.
WHEREAS, over the last couple of years, AI has come into the spotlight of the world with advances in generative artificial intelligence capturing attention and luring folks into environments in which they can expeditiously and economically tap databases to help with various things.
WHEREAS, as in other sectors, the legal community has had to deal with AI to the best of its ability, in that participants engage AI at different levels, ranging from those who create algorithms to drive AI, to those who simply realize AI is impacting a situation in which they find themselves.
WHEREAS, what has become important is that we deal with AI. First, we need to learn what AI is and what is involved with it. Next, we need to learn how to manage the AI which is being used in the environments in which we find ourselves. Lastly, we need to address AI.
WHEREAS, in addressing AI, we need to arrive at rules which govern the use of AI where we are responsible for the forum, as a judge is with his or her courtroom and assignment. As such, judges should consider standing order provisions to address AI.
WHEREAS, caution should be used in developing rules, in that AI is in the community and being used. AI also provides access to justice which is important in helping people engage legal systems and buttress the Rule of Law.
WHEREAS, in addressing AI, participants in a forum should understand the rules and the parameters for using such a powerful tool, as with Rule 137 of the Supreme Court of Illinois which requires pleadings to be well-grounded and not interposed for an improper purpose.
WHEREAS, in addressing AI, professionals should recall that the practice of a profession is a privilege which is heavily regulated, as with the Illinois Rules of Professional Conduct of 2010, which require candor among many other things.
WHEREAS, similarly, the Judicial Code of Judicial Conduct of 2023 imposes obligations on judges to act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary.
WHEREAS, in the AI world, the landscape keeps changing and evolving, leaving little if any time to catch up; as such, it is incumbent upon the Judges of the Twenty-Second Judicial Circuit of the State of Illinois to engage AI to the extent possible, given current assignments, obligations, and resources.
THEREFORE, IT IS ORDERED that:
1. Participants and professionals in cases in this Circuit shall consider the admonitions set forth above and engage AI carefully, especially with regard to the rules which govern the use of AI directly and indirectly.
2. The Judges of this Circuit shall consider the admonitions set forth above and engage AI carefully, as with the use of AI in their courtrooms and with their own use of AI.
3. The Judges of this Circuit shall endeavor to:
A. Learn about AI;
B. Consider and learn about available legal research tools which utilize AI;
C. Learn how AI can otherwise be used; and
D. Implement Standing Orders which address the use of AI.
DATED: October 9, 2024 ENTERED:
Michael J. Chmiel
__________________________________
MICHAEL J. CHMIEL
Chief Judge
Judge Mike Chmiel is a long-time member of the ISBA, former Chair of what is now its Commercial Banking, Collections, and Bankruptcy Section Council, and one of its current newsletter editors. He serves as Chief Judge of the 22nd Judicial Circuit of the State of Illinois, serves on the AI Task Force of the Illinois Judicial Conference, and has devoted certain attention to AI as a coordinator, presenter, and participant in various programs on AI. He can be reached at mjchmiel@22ndcircuit.illinoiscourts.gov.