D.C. Judge’s Thoughts on Use of AI by Judges
From D.C. Court of Appeals Judge John Howard’s concurrence las month in Ross v. U.S., about the possible upsides and downsides of judges using AI (entirely apart from whether they use AI results as arguments in their opinions):
To be clear, I cast no aspersion on the use of AI by my colleagues. I find it interesting. AI tools are proliferating and we ignore them at our own peril. Not only for the concerning capabilities they now give parties with ill intent, but for the great utility such tools could potentially provide in easing the strain on our increasingly overburdened courts.
AI tools are more than a gimmick; they are coming to courts in various ways, and judges will have to develop competency in this technology, even if the judge wishes to avoid using it. Courts, however, must and are approaching the use of such technology cautiously. Specific use cases are being considered and we must always keep in mind the limits of different AI tools in how and when we use them, particularly with regard to security, privacy, reliability, and bias, to ensure ethical use.
Broadly, an AI system can be susceptible to bias at multiple points in its execution. Model Code of Judicial Conduct Rules 2.2 and 2.3, dealing with impartiality and fairness and bias, prejudice, and harassment, are potentially implicated in reliance on a system infected with bias. Ignorance of the technology seems like little defense in consideration of the duty of competence in Rule 2.5.
Other issues abound, but security and confidentiality of court information are particular concerns. Accordingly, before using an AI tool a judicial officer or staff member should understand, among many other things, what data the AI tool collects and what the tool does with their data.
The quote has many attributions that “if it is free, you are the product.” Many AI too
Article from Reason.com
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