AI Decision-Making and the Courts: A Guide for Judges, Tribunal Members and Court Administrators

Abstract

The guide was revised in 2023 (first edition published in 2022). Artificial intelligence (AI) systems pervade modern life and are already being used in courts, both in their administration and to support decision-making, and by the legal profession. An understanding of AI is becoming increasingly important for judges, tribunal members and court administrators. It is also important in the context of statutory interpretation. This guide sets out the key challenges and opportunities that AI and automated decision-making presents for courts and tribunals. It draws on legislation, case law and rules in jurisdictions including the United States of America, England and Wales, and the European Union. The guide is not intended to provide an exhaustive analysis of emerging technologies, AI tools and the courtroom. Instead, it overviews some of the ways in which AI may be incorporated into domestic courtrooms and analyses some associated benefits and risks. Given that technology continues to evolve, the guide starts with the function and purpose of the technology and its impact on foundation- al values which underpin the judicial system. The following section introduces common AI terms and techniques, ranging from older tools, such as expert systems, to more recent developments in machine learning. Section 3 then outlines common areas of AI use by the courts, or by parties, lawyers and legislators where that impacts the courts. Section 4 discusses how AI tools, when used in the courtroom, impact on the core judicial values of open justice, accountability, impartiality and equality before the law, procedural fairness, access to justice and efficiency. These values interact and often overlap with one another, including in the context of AI tools. Yet, they are useful guiding points for understanding how AI systems have the capacity to impact on the courts and judiciary.

Keywords: Courts, Artificial Intelligence, Law and Technology, Constitutional Law, Judiciary, Public Law, Automated Decision-Making, Legal Technology