AI and the NYS Judiciary: A Preliminary Path

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SUMMARY

The Working Group on Judicial Administration and Artificial Intelligence, a joint effort by the Council on Judicial Administration and Task Force on Digital Technologies, was tasked with addressing the potential impact of artificial intelligence (“AI”) on the New York State judiciary. This group was formed in May 2023 in light of the wide-ranging and rapid pace of AI adoption, including within the broader legal system. The report includes a summary of certain key issues that the Working Group believes are important for the judiciary to consider in the near-term, as well as certain recommendations based on the current state of AI development.

REPORT

I. INTRODUCTION

The Working Group on Judicial Administration and Artificial Intelligence (JAAI) – a joint effort by the New York City Bar Association’s Council on Judicial Administration and Task Force on Digital Technologies – was tasked with addressing the potential impact of artificial intelligence (“AI”) on the New York State judiciary.  This group was formed in May 2023 in light of the wide-ranging and rapid pace of AI adoption, including within the broader legal system.[1]  This report includes a summary of certain key issues that the Working Group believes are important for the judiciary to consider in the near-term, as well as certain recommendations based on the current state of AI development.

Overall, the Working Group has concluded that it is urgent for the judiciary to focus on these issues in earnest, especially given that practitioners are already exploring how AI might facilitate their advocacy efforts. Notably, the judiciary has already started this process by creating the Advisory Committee on Artificial Intelligence and the Courts. As Chief Justice John Roberts noted in his 2023 Year-End Report on the federal judiciary, “I predict that judicial work – particularly at the trial level – will be significantly affected by AI.”[2]  The Working Group expects that in the near-term, practitioners will become increasingly reliant on AI for functions such as legal research, text generation, document production, and legal analysis, especially as legal technology vendors expand their AI product offerings, and as firms develop their own AI capabilities.  In addition, we expect that an increasing number of AI tools will become available to courts, and thoughtful analysis of whether to adopt these tools will be critical. Courts that do not study and understand AI technology will be at a disadvantage, relative both to other institutions and to attorneys appearing before them. As a result, courts could be placed in the difficult position of needing to constantly play catch-up as this technology evolves.

In addition, AI could help address certain challenges the New York State judiciary is facing, from high case volumes to labor shortages.[3] AI may also offer numerous benefits, including increasing access to justice, improving the speed with which cases are resolved, and generally enhancing the efficient operation of the judiciary.  This is not to say that AI should be adopted by the New York State judiciary wherever possible. AI also presents significant risks, some of which are still unknown. The key takeaway from this report is that judges and court staff in this state need to become knowledgeable in the near-term about AI and its uses so that they can make meaningful and educated decisions about AI use.

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