In his 2023 year-end report, U.S. Chief Justice John G. Roberts Jr. described the advantages and dangers of using AI in courts, calling AI the “major issue relevant to the whole federal court system.”
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Pros and Cons of AI
The use of AI in the courts requires “caution and humility,” Roberts wrote. He noted that AI could help make courts more accessible for those who may not have the resources to hire an attorney.
However, he seemed wary of a wholesale adoption of AI in courts, writing that “studies show a persistent public perception of a ‘human-AI fairness gap,’ reflecting the view that human adjudications, for all of their flaws, are fairer than whatever the machine spits out.”
Roberts wrote, “I predict that human judges will be around for a while. But with equal confidence I predict that judicial work—particularly at the trial level—will be significantly affected by AI.”
(CNN)
AI’s Power Acknowledged
"Law professors report with both awe and angst that AI apparently can earn Bs on law school assignments and even pass the bar exam," Roberts noted, and it may soon be impossible to imagine doing legal research without it. He continued, "AI obviously has great potential to dramatically increase access to key information for lawyers and nonlawyers alike. But just as obviously, it risks invading privacy interests and dehumanizing the law."
(2023 Year-End Report on the Federal Judiciary)
Roberts References AI ‘Hallucinations’
The chief justice's commentary is his most significant discussion to date on the influence of AI on the law and coincides with a number of lower courts contending with how best to adapt to a new technology capable of passing the bar exam but also prone to generating fabricated or inaccurate content, known as “hallucinations.” Roberts mentioned an instance where AI hallucinations had led lawyers to cite nonexistent cases in court papers, which is "always a bad idea."
(Reuters)
HR Implications of AI Executive Order
HR professionals looking for guidance on managing artificial intelligence should pay attention to President Joe Biden’s Oct. 30 executive order that seeks to manage the risks of AI and reap its benefits.
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