Report Examines AI Use by Idaho Courts

The Idaho Supreme Court has released a report describing efforts over the past year to create guidance on when and how Idaho’s state courts can use artificial intelligence tools to accomplish court business.

The “AI Governance Implementation” report is now available to read at isc.idaho.gov.

In some ways, courts are no different than other institutions for which AI may enable more efficient use of public resources. Certain tools may expand access to justice or automate routine court work, allowing court staff to focus on their more complex tasks.

But AI poses unique ethical challenges for a court system. Technology must never threaten the impartiality of the judicial process nor replace the decision-making role of a human judge.

This work sought to balance those factors, supporting a court system that keeps pace with change and fosters the public’s trust.

The report summarizes the work of a group of judges, attorneys, IT professionals and court administrators who spent the past year examining responsible AI use in a court setting. The National Center for State Courts also provided its expertise.

Nothing in the report obligates or adopts an AI tool for court use. The report focuses instead on how to determine appropriate use of AI in a court setting.

The workgroup developed guiding principles that place ethics, transparency and accountability at the head of any possible use of AI by the Judicial Branch. AI tools must have human oversight and be guided by those who are doing the work the tool is being applied to. These principles were formally adopted earlier this year by the Idaho Supreme Court.

Other proposals from the workgroup include an ongoing court committee to offer advice on AI issues to the Idaho Supreme Court. At the request of the Idaho State Bar, the committee is also expected to advise on AI and the Bar’s rules for attorneys.

Next steps are in the hands of the Idaho Supreme Court, which in its role administering the Judicial Branch makes the final decisions on AI policies for the court system.

The workgroup was convened by former Chief Justice G. Richard Bevan during his time leading Idaho’s Judicial Branch. Its completed report is an important milestone in his efforts to bring clarity and transparency to the topic of AI.

“John Adams once reminded us, ‘We are a government of laws, not of men.’ In the same way, our courts must be courts of principles, not of algorithms,” Justice Bevan said.