The Illinois Supreme Court has authorized the use of artificial intelligence (AI) tools by judges, attorneys, clerks, and other court officials under specific conditions. The new policy, announced Wednesday and effective Jan. 1, emphasizes that AI usage must comply with existing legal and ethical standards while promoting innovation and efficiency in the judiciary.
“This policy recognizes that while AI use continues to grow, our current rules are sufficient to govern its use,” Chief Justice Mary Jane Theis stated. She added that the court will continuously evaluate the rules and adapt them as AI systems evolve.
Balancing Innovation with Accountability
The court explicitly stated that while AI use is permitted and even encouraged, it must not compromise due process, equal protection, or access to justice. The policy requires lawyers and judges to take full responsibility for any AI-generated content in their work. They must review and verify all outputs to ensure accuracy and integrity.
The Illinois Supreme Court’s policy does not mandate the disclosure of AI usage in legal filings. However, it warns attorneys against submitting pleadings that are factually or legally unfounded, stating that such actions could result in sanctions. The policy also underscores the importance of safeguarding sensitive information when using AI tools.
Comparisons with Other Jurisdictions
Illinois joins other states and federal courts in addressing AI’s role in the legal profession. The Delaware Supreme Court adopted a similar policy in October, while other courts have formed task forces to explore AI’s implications.
In some jurisdictions, courts require lawyers to disclose AI usage in filings. Judges in those areas have sanctioned attorneys whose AI-assisted submissions contained fabricated case citations or errors. Illinois has chosen a different approach, relying on existing rules and professional accountability to govern AI use.
Navigating Opportunities and Challenges
The Illinois Supreme Court acknowledged AI’s potential to improve efficiency and access to justice but recognized the challenges it poses. Questions about authenticity, accuracy, bias, and data protection remain central concerns.
The policy reflects a cautious but forward-looking approach, aiming to harness AI’s benefits while mitigating risks. As AI technology continues to advance, Illinois courts will reassess and refine their policies to ensure the judiciary remains fair, effective, and impartial.
