In an illustration of the legal sector’s ongoing engagement with artificial intelligence (AI), the Supreme Courts of Delaware and Georgia have both recently issued important developments regarding the use of generative AI in their jurisdictions. Last week, these actions were announced within a day of each other, highlighting the pressing need for regulatory guidance in this evolving technological landscape.
On October 21, the Delaware Supreme Court implemented an interim policy designed to guide the use of generative AI by judges and other court personnel. Developed by the Delaware Commission on Law and Technology, this policy permits the use of generative AI by a wide range of judicial staff, including judges, law clerks, and interns. However, it places the onus on these users to ensure the accuracy of outputs and emphasizes the importance of informed use. Importantly, it cautions against delegating decision-making to AI tools and prohibits the use of non-approved AI platforms.
A day later, the Supreme Court of Georgia advanced its efforts to address the implications of AI in the judicial system by appointing members to its Ad Hoc Committee on Artificial Intelligence and the Courts. This committee, established through a prior order in August, held its first meeting on October 23. Comprising mostly judges, clerks, and court administrators, with additional representation from the State Bar of Georgia and other legal bodies, the committee is tasked with evaluating the potential risks and benefits of AI usage and ensuring it does not compromise public trust in the judicial system.
The steps taken by both Delaware and Georgia are indicative of a growing trend where judicial systems are seeking structured frameworks to integrate AI tools responsibly, reflecting a broad commitment to maintaining the integrity of legal processes amid rapid technological change.
The original discussion of these actions can be found on LawNext.