The Chief Justice of California, Patricia Guerrero, has deployed a new judicial branch task force to evaluate generative AI. The new AI task force will lead the research and development on generative AI use and its potential benefits to courts and court users while mitigating risks to safeguard the public.

Members of the task force will include Administrative Presiding Justice Brad Hill (chair), Justice Carin Fujisaki, Judge Kyle Brodie, Administrative Presiding Justice Mary Greenwood, Judge Arturo Castro, and council members David Yamasaki and Gretchen Nelson.

“Generative AI brings great promise, but our guiding principle should be safeguarding the integrity of the judicial process,” said Chief Justice Guerrero. “That means it will be essential for the branch to assess what protections are necessary as we begin to use this technology.”

Guerrero, who also announced that a Supreme Court committee will consider updates to its code to account for AI, had earlier tasked Justice Greenwood and Judge Castro to help identify “foundational questions” and make recommendations about AI use.

Based on their reports presented at the council meeting, Chief Justice Guerrero announced the following tasks for the judicial branch to consider regarding appropriate AI usage:

• Creation of an AI task force to oversee the consideration and development of branch actions that address generative AI, such as rules of court, technology policies, educational programs, and legislative proposals

• Work with Supreme Court ethics committees to develop guidance on how judicial officers should navigate ethical issues associated with generative AI  

• Provide education for judicial officers, court professionals, and council staff that focuses on the uses, benefits, and risks of generative AI

While presenting reports to the council, Justice Greenwood and Judge Castro implored the judicial branch to use generative AI with limitations and safeguards. Some potential uses of AI, according to them, include improving court administration, management, and enhanced research and analysis.

“We don’t want to be behind the curve on this,” said Justice Greenwood. “If it’s going to be inevitable, what we want to do is be able to control its direction in a deliberate way.”

“Generative AI could also increase access to justice for the public,” said Judge Castro. “I think about the potential for AI to help walk self-represented litigants through the process, forms, and procedures they will encounter at the courthouse.”

In addition, Greenwood stated that after all, AI is only a tool, not an end or a substitute for judicial decision-making and due process. She emphasized the need for litigants to interact with the court to feel heard.