In a notable development from the Delaware Supreme Court, judges, law clerks, and other court personnel have received approval to incorporate generative artificial intelligence tools into their workflow. This decision is outlined in a new interim policy from the state’s highest court, which places the onus on the users to ensure the accuracy of outputs derived from these technologies. The policy explicitly prohibits the delegation of their decision-making roles to AI.
The interim policy avoids specifying which generative AI tools are deemed acceptable, a conscious choice by the court to preclude the guidelines from becoming quickly outdated. The court’s approach highlights the rapidly evolving nature of AI technology, suggesting that overly prescriptive guidance could quickly lead to obsolescence or inaccuracies. Indeed, the court notes that detailing technical specifics could be counterproductive, considering the swift pace of AI development (Bloomberg Law).
The policy remains silent on whether external legal professionals are included, focussing its current scope on internal court operatives, such as judges and clerks. However, the implications for practitioners and firms interacting with Delaware’s judicial system could be substantial, given the influential role of the state’s courts in corporate law.
This move aligns with a broader trend in legal circles of cautiously integrating AI technologies while maintaining accountability and integrity in judicial processes. The flexibility and adaptability embedded in Delaware’s policy might serve as a template or a discussion starter for other jurisdictions contemplating similar steps.
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