The annual report released by Supreme Court Chief Justice John Roberts on Sunday raised concerns about the growing use of artificial intelligence in the US judicial system. He warned that while AI has the potential to provide greater access to information, it also poses a risk of invading privacy and dehumanizing the law, potentially impacting fair treatment in the justice system.
The chief justice dedicated a substantial portion of his 13-page year-end report to outlining the positive impact of new technology on the federal court system. However, he did not delve into the court's recent involvement in two significant disputes related to former President Donald Trump, as well as ongoing issues concerning ethics and transparency that troubled the court throughout the year. These challenges ultimately led to the announcement of a new code of conduct by the nine justices last month.
Rather than addressing these current issues, the chief justice emphasized AI as the "primary concern affecting the entire federal court system." According to Roberts, this technology "calls for caution and humility."
Roberts recognized the potential of AI to improve access to courts, particularly for those unable to afford legal representation. He expressed optimism about the ability of these tools to address the disparity between available resources and the pressing needs of the court system.
However, he expressed caution about fully integrating this technology into courts, citing studies that reveal a widespread belief in a fairness gap between human and AI. Despite recognizing the flaws of human adjudications, there is a prevailing belief that they are fairer than the decisions made by machines.
Roberts also highlighted a flaw in a key AI tool, noting that it led to lawyers submitting briefs with citations to non-existent cases (which is never a good idea). The chief justice expressed his support for the Judicial Conference's forthcoming efforts to assess the appropriate applications of AI in litigation.
Roberts wrote that human judges will remain in the judiciary for some time, but he also expressed confidence that AI will have a significant impact on judicial work, especially at the trial level.
The year-end report also provided important statistics on the caseload of the Supreme Court during the previous term. The number of cases filed decreased by 15% compared to the 2021 term, and 68 cases were argued before the justices - two less than the previous term.