Effective January 1, 2025, the Illinois Supreme Court enacted a policy permitting the use of Artificial Intelligence (AI) by litigants, attorneys, judges, judicial clerks, and court staff in general litigation tasks. In rendering its decision, the Court determined that the potential of AI to increase judicial efficiency and access outweighs concerns of authenticity, accuracy, bias, and integrity in court filings, proceedings, evidence and other decisions.
Executive Summary
- The Illinois Judicial Task Force on Artificial Intelligence (IJC), formed in early 2024, provided recommendations which the Illinois Supreme Court relied upon.
- The new policy is consistent with the American Bar Association’s AI policy and upholds that AI use is subject to the Illinois Rules of Professional Misconduct (IRPC).
- The Illinois Supreme Court published a judicial reference sheet alongside the new policy, to define AI and generative AI, and to advise judges as to hallucinations, deepfakes, and extended reality concerns that accompany generative AI.
The Policy
The Illinois Supreme Court issued a policy based on its finding that AI technologies are becoming increasingly integrated into the legal practice. The Court defined artificial intelligence as technology that simulates human intelligence, enabling machines to learn, reason, perceive, and make decisions. It then proceeded to further define generative artificial intelligence as that which is focused on creating new content, such as texts, images, and video, by learning from existing data.
In issuing guidance regarding the oversight of such technologies, the Supreme Court asserted that judges remain ultimately responsible for their decisions, irrespective of technological advancements. Additionally, lawyers, as well as self-represented litigants, will be subject to sanctions in the event they submit legally or factually unfounded pleadings.
Pertaining to general guidelines, that Court emphasized that the Code of Judicial Conduct applies fully to the use of AI technologies and that it is important to stay informed about this evolving technology, prior to making use of it. Additionally, the Supreme Court highlighted the importance of ensuring accuracy, avoiding misattributing sources, and protecting confidential information.
What to Expect
While minimal concrete guidance has been offered as to oversight thus far, the Illinois Supreme Court is formally encouraging the utilization of artificial intelligence within the Illinois Courts. The newly enacted AI policy has upheld that the potential benefits of such technologies outweigh the risks which accompany it. One member of the IJC, who advised the Supreme Court in its decision, described the ever-changing nature of AI saying it is “like trying to catch campfire smoke in your hands on a windy day.” Hence, it is expected that follow-up guidance will be set forth as the policy is further delineated.
