New York court system sets rules for AI use by judges, staff

By Sara Merken

Oct 10 (Reuters) - The New York state court system on Friday set out a new policy on the use of artificial intelligence by judges and other court staff, joining at least four other U.S. states that have adopted similar rules in the past year.

The interim policy, which applies to all judges, justices and nonjudicial employees in the New York Unified Court System, limits the use of generative AI to approved products and mandates AI training.

New York's policy prohibits judges and staff from inputting confidential or privileged information, or documents that have been submitted in court, into a generative AI program that doesn't operate on a private model. Private models, as defined by the policy, operate under the control of the court system and do not share data with public tools.

The court did not immediately respond to a request for comment about how the new policy would be monitored.

It is "critical to ensure that material that reflects harmful bias, stereotypes, or prejudice" does not appear in work product, according to the policy. Judges and staff are responsible for their work, and AI technology must be used in a manner consistent with their ethical obligations, the policy states.

"While AI can enhance productivity, it must be utilized with great care," Chief Administrative Judge Joseph Zayas said in a statement. "It is not designed to replace human judgment, discretion, or decision-making."

States including California, Delaware, Illinois and Arizona have adopted AI rules or policies, while other states are assessing the use of generative AI within their courts.

Lawyers across the country have increasingly been hit with fines and other sanctions from judges for apparent misuse of AI, as fictitious case citations and other errors continue to show up in legal filings. Professional conduct rules don't bar lawyers from using AI, but attorneys can be disciplined for failing to vet court submissions.

Judges are also facing scrutiny. U.S. Senate Judiciary Committee Chairman Chuck Grassley on Monday asked two federal judges to answer questions about whether AI was used to prepare recent orders that contained "substantive errors."