Mass. courts weigh AI efficiency, ethics angles

The Massachusetts judiciary is carefully embracing artificial intelligence as part of an endeavor to make courtrooms more accessible.

“Discussions about technology these days invariably lead to the topic of generative artificial intelligence, or GenAI,” Supreme Judicial Court Chief Justice Kimberly Budd said in her State of the Judiciary speech Tuesday. “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. At the same time, we also recognize that the use of GenAI raises many questions and concerns, especially at this relatively early stage in its development.”

Budd noted questions surrounding the reliability, confidentiality and cost of using GenAI in courtrooms. And while the courts are open to the technology, they are being “deliberative and thoughtful” about how to use it.

“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,” Budd said.

She said the judiciary asked the court’s Standing Advisory Committee on the Rules of Professional Conduct to consider whether changes need to be made to state Rules of Professional Conduct to address attorneys’ use of GenAI. The committee did not recommend any changes, but that may change as the technology evolves.

Also, the Supreme Judicial Court issued interim guidelines for how judges and court personnel should use GenAI. Right now, GenAI is only used for administrative tasks, she said. Also, only public information can be used and the AI tools can not retain or use any information that is entered to train the programs. 

Budd said the guidelines are a “modest first step” but they are necessary and expected to be updated as the judiciary learns more about GenAI.

Also, she said the technology has the potential to help those who can’t afford lawyers. The Access to Justice Commission is studying ways to use GenAI to boost access to justice, while also limiting cost disparities.

Across the U.S., courts are adopting AI more slowly than the private sector, according to a May report from the Thomas Reuters Institute and the National Center for State Courts AI Policy Consortium for Law and Courts.

Of those surveyed, 34% said their courts have used a sort of GenAI or plan to do so in the next year. And many respondents expressed concerns about over-reliance on technology and malicious use of AI, like falsely created evidence. At the same time, the respondents acknowledged AI can help boost efficiency and estimate the technology could save three hours every week in the next year.

“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,” Budd said, adding judgment ultimately depends on those who work within the system.

Katie Castellani is a reporter for State House News Service and State Affairs Pro Massachusetts. Reach her at kcastellani@stateaffairs.com.