Justice at stake as generative AI enters the courtroom

The introduction of generative artificial intelligence (GenAI) into courtrooms is raising significant questions about its impact on the legal system and the pursuit of justice. This advanced technology is increasingly being adopted by judges for research, lawyers for appeals, and even by individuals involved in cases to articulate their statements in court. According to Daniel Linna, a law professor at Northwestern Pritzker School of Law, GenAI's presence in the U.S. legal landscape is more widespread than many might realize. "Judges might not openly discuss their use of this technology, but I often hear from colleagues who are experimenting with it in private," he remarked. A notable instance of GenAI's application occurred in Arizona, where a digital avatar of murder victim Chris Pelkey addressed the courtroom during the sentencing of his killer. Created by his sister, Stacey Wales, the avatar spoke about forgiveness, leaving a profound impression on the judge, who acknowledged its authenticity. "I knew it would be powerful," Wales shared, emphasizing how it humanized her brother’s story. The use of GenAI in legal proceedings is rapidly increasing. Attorney Stephen Schwartz from Maine describes it as a valuable and time-saving tool, provided its accuracy is verified. He utilizes platforms like ChatGPT and legal assistants such as LexisNexis Protege and CoCounsel for case law research, while also cautioning against over-reliance on AI, as it can produce incorrect legal citations and implausible precedents. In a stark reminder of the pitfalls associated with GenAI, a federal judge in Los Angeles recently imposed substantial fines on two law firms for submitting a flawed petition generated with AI assistance, labeling it a "collective debacle." Moreover, some individuals representing themselves in court are inadvertently making legal errors due to their reliance on this technology. As GenAI streamlines the drafting of legal documents, there is concern that already overwhelmed courts might face an increase in caseloads, according to Shay Cleary from the National Center for State Courts. However, Linna sees a silver lining, suggesting that GenAI could empower more individuals to pursue justice in an efficient manner. "Many people lack access to legal services, and these tools could be transformative," he stated, urging careful integration into the legal process. In Washington, D.C., federal judges have acknowledged their use of ChatGPT in formulating opinions, highlighting the necessity for judges to be proficient in technology and AI. Linna believes that GenAI could influence case outcomes similarly to a human law clerk, potentially leading to more informed rulings that are less susceptible to appeals. If GenAI can effectively identify the most relevant information for judges, it may contribute to a more reliable judicial process.