February 25, 2024

In his 2023 year-end report, U.S. Chief Justice John G. Roberts Jr. addressed the benefits and challenges of using AI in the courts, calling it a major issue for the federal court system. He emphasized the need for caution and humility in implementing AI, noting that it could improve accessibility to the courts but also raised concerns about a perceived fairness gap between human adjudications and AI decisions. Roberts acknowledged the power of AI in legal research but also highlighted the potential risks of invading privacy and dehumanizing the law. The chief justice’s commentary is significant, given the increasing use of AI in lower courts, and he referenced instances where AI generated fabricated or inaccurate content, referred to as “hallucinations.” HR professionals should take note of President Biden’s executive order aimed at managing the risks of AI and reaping its benefits. Overall, while recognizing the potential benefits of AI in the legal system, Roberts cautioned against wholesale adoption and emphasized the need for careful consideration and management of AI to ensure fairness and accuracy in the courts, as well as the implications for legal professionals.

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