• The Delaware Supreme Court now allows AI usage by judicial officers under strict guidelines to ensure accountability and compliance.

• Georgia's Supreme Court launched a 16-member AI advisory group to evaluate risks and benefits, aiming to protect public trust.

• Both states focus on AI use standards and safeguards, reflecting growing regulatory attention in the judiciary.

Delaware and Georgia’s Supreme Courts recently adopted key orders relating to the use of generative artificial intelligence in the courts and by legal professionals. According to a LawSites report, the new measures were implemented within one day of each other, highlighting the growing impact and importance of generative AI for legal professionals. 

Delaware: User Responsibility Is Paramount

On October 21, Delaware’s Supreme Court introduced an interim policy detailing guidelines for generative AI usage within its judicial branch. This interim allows the use of gen AI tools by “all judicial branch judicial officers, employees, law clerks, interns, externs, and volunteers” and sets five key rules:

1. Authorized User Responsibility: Delaware mandates that any judicial officer using generative AI remains responsible for the output. Users must ensure AI-derived content is accurate and aligns with their responsibilities.

2. Informed Use: The policy requires users to be well-versed in generative AI’s capabilities and limitations before applying it in a judicial context. Users should be trained in the technical capabilities and limitations of approved GenAI before use.

3. Decision-Making: Courts emphasize that AI should not influence judicial decisions or replace human judgment.

4. Compliance with Laws and Judicial Branch Policies: AI use must conform to existing laws and policies in Delaware’s judicial branch, preventing unintended breaches of policy.

5. Non-Approved AI Tools: Only approved generative AI tools are permitted for use on state technology resources, ensuring controlled application and reducing potential risks.

The policy also creates a category of “Approved GenAI,” which includes tools that have been approved by the court system’s administrative office.

Georgia: Protecting Public Trust in Judicial System

Following Delaware’s move, the Supreme Court of Georgia on October 22 issued an order appointing the 16 members of its Ad Hoc Committee on Artificial Intelligence and the Courts. 

• All but three of the 16 committee members are judges, clerks and court administrators. 

• Of the other three, one represents the State Bar of Georgia, one represents the Public Defender Council, and one is the solicitor-general for Georgia’s Cherokee County.

• The committee, established via an order in August, had its first meeting on October 23, signaling Georgia’s intent to evaluate AI in a systematic manner.

This committee will assess how AI may impact Georgia’s legal system, focusing on potential risks to judicial integrity and public trust. The group’s mandate includes exploring AI applications that benefit the courts while making sure AI usage aligns with public expectations. Members are expected to recommend policies that prevent misuse and maintain transparency.