Illinois regulates AI use in the legal system

The Illinois Supreme Court, the highest court in the US state of Illinois, is one of the first US states to regulate the use of artificial intelligence in the legal system. So far, only Delaware has adopted comparable principles. In a policy paper, Illinois sets out the basis on which judges, lawyers, the court's administration and other judicial bodies may use artificial intelligence to prepare pleadings. The principles will apply from January 1, 2025.

In the document, the Court stipulates that the use of AI must be compatible with legal and ethical standards. All users remain responsible for the product of their work, regardless of technological progress. Thus, all users must carefully review AI-generated content to ensure the quality of their work.

The principles also require the courts to be vigilant, as AI processes have the potential to compromise due process, the principle of equality or access to justice. Examples cited in the document include content that reproduces prejudices, prejudices parties to proceedings, or makes the truth and decision-making process opaque.

Another point is the protection of privacy and confidentiality. These must not be compromised by AI. The court plans to review the principles regularly to adapt them to technical progress if necessary. The document explicitly states that the judges remain fully responsible for their decisions.

In addition to the policy paper, there is also a handout for judges that lists the most important points to consider when using AI. The document also lists dangers such as hallucinating AIs or deepfakes and briefly explains what they are and what consequences they may have.

Despite all the potential problems, the Supreme Court also sees technological progress as a great opportunity to improve the service for all parties in court and to ensure that access to justice becomes easier. It is therefore continuously focusing on further training in new fields of technology, including AI.

(uma)