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Attorneys, judges, and court staff in Illinois can now use artificial intelligence (AI) in their work, with no requirement to disclose its use in pleadings, as long as it adheres to professional conduct rules, the state's top court declared on Wednesday.

The Illinois Supreme Court’s new policy encourages AI adoption, stating that its use by litigants, attorneys, judges, and court staff "may be expected" and "should not be discouraged." However, the policy also mandates that any AI applications used must ensure the safety of all sensitive information.

While AI technology can be employed in various aspects of the judicial process, including legal research and document drafting, the court emphasized the importance of review and accountability. The policy requires a thorough review of any AI-generated content before it is filed in court, with judges remaining responsible for final decisions.

The policy also stresses that individuals using AI must fully understand both its general capabilities and the specific tools they are utilizing. This ensures that AI technologies, while beneficial, are not misused or relied upon inappropriately.

The Illinois Supreme Court acknowledged the benefits of AI, noting its potential to enhance efficiency in the legal field. However, the court also highlighted concerns regarding the authenticity, accuracy, and bias of AI-generated content, which could affect the integrity of court filings. The new policy aims to balance these concerns with the potential advantages of AI while maintaining the integrity of legal proceedings.

This new rule follows research conducted over ten months by the Illinois Judicial Conference’s artificial intelligence task force. The task force explored issues of policy, education, and customer service to develop recommendations for regulating AI use within the judicial branch.

"Courts must do everything they can to keep up with this rapidly changing technology," said Chief Justice Mary Jane Theis in a statement. "This policy recognizes that while AI use continues to grow, our current rules are sufficient to govern its use. However, there will be challenges as these systems evolve, and the court will regularly reassess those rules and this policy."

To assist the state's courts in understanding AI and its implications, the court also issued a reference sheet. This document provides background information on AI, its evolution, and the relevant conduct rules. It includes examples of how AI can be used, such as generating legal summaries or even creating content like a movie scene depicting President Abraham Lincoln conducting legal research.

The reference sheet also provides guidance for judges considering using generative AI tools, emphasizing the need for careful review of AI outputs for accuracy and proper attribution. The court cautioned judges against entering sensitive information into public AI tools, noting that any input could be accessible to the technology. Additionally, the sheet addresses concerns about issues like AI "hallucinations" (false information generated by the system) and deepfakes, and provides QR codes to direct judges to more resources on these topics.

The new AI policy also advises judges to stay informed about emerging technologies, including wearable extended reality devices, which can capture and transmit audio and video without detection.