BOSTON — The Massachusetts judiciary is taking a cautious approach to integrating artificial intelligence into its court systems as part of an initiative aimed at enhancing accessibility. In her State of the Judiciary address on Tuesday, Supreme Judicial Court Chief Justice Kimberly Budd highlighted the significant potential of generative artificial intelligence, or GenAI, to streamline various legal processes. “My colleagues on the SJC and I recognize that GenAI offers enormous potential for streamlining many aspects of the work of attorneys and courts alike,” Budd stated. However, she also emphasized the importance of addressing the numerous questions and concerns surrounding the technology’s reliability, confidentiality, and cost implications.
Budd expressed a commitment to proceeding with caution, stating that the judiciary is being “deliberative and thoughtful” about the deployment of GenAI tools. “On a more fundamental level, we must ensure that GenAI does not adversely impact judicial independence and undermine public confidence in the administration of justice,” she noted, reinforcing the need for careful consideration in the integration of such technologies.
In light of these concerns, the judiciary consulted with the court’s Standing Advisory Committee on the Rules of Professional Conduct to evaluate whether existing guidelines should be amended in response to the use of GenAI by attorneys. Although the committee did not recommend any immediate changes, Budd acknowledged that this may evolve as the technology advances.
Additionally, the Supreme Judicial Court has issued interim guidelines governing the use of GenAI by judges and court staff. Currently, the technology is restricted to administrative functions, with the stipulation that only public information may be utilized. Importantly, the AI tools are prohibited from retaining or employing any information inputted to train the algorithms. Budd described these guidelines as a “modest first step,” necessary for ensuring ethical usage, while anticipating future updates as the judicial system gains more insight into GenAI.
One of the promising aspects of GenAI is its potential to assist individuals who cannot afford legal representation. The Access to Justice Commission is investigating ways to leverage GenAI to enhance access to justice while mitigating cost disparities. This initiative reflects a broader trend, as courts across the United States are slowly adopting AI technologies compared to the private sector. According to a May report from the Thomson Reuters Institute and the National Center for State Courts AI Policy Consortium for Law and Courts, 34% of the surveyed courts indicated they have implemented, or plan to implement, some form of GenAI within the next year.
Despite the enthusiasm surrounding AI’s capabilities, many respondents voiced concerns regarding the potential for overreliance on technology and the risks associated with malicious uses, such as the generation of false evidence. However, there is also recognition that AI could significantly enhance efficiency, with estimates suggesting that it may save three hours of labor weekly in the coming year.
Budd underscored the importance of maintaining the human element in the legal system, stating, “Whatever improvements new technologies, including artificial intelligence, may bring, I want to stress that our legal system is, and will remain, centered on human intelligence, understanding, and judgment.” This perspective reinforces the idea that human oversight and judgment are irreplaceable components of legal processes.
As the Massachusetts judiciary navigates the complexities of integrating GenAI, it underscores a critical balancing act: harnessing technological advancements while safeguarding the integrity and trustworthiness of the legal system. The ongoing exploration of GenAI’s implications for legal practice suggests the potential for significant transformation in how justice is administered, paving the way for greater accessibility and efficiency in courtrooms.
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