US Chief Justice Affirms: AI is Here to Stay, But Judges Will Remain Essential

Each year, the Chief Justice of the United States selects a significant topic for his annual letter, addressing pressing issues that impact the entire federal court system. For 2023, Chief Justice John Roberts focused his attention on artificial intelligence (AI).

“As we near the end of 2023, with rapid forecasts surrounding the evolution of AI, one might speculate about the obsolescence of judges,” he remarked. “While I firmly believe that judges remain essential, it is equally undeniable that advancements in technology will continue to reshape our work.”

Roberts highlighted the legal profession’s well-documented resistance to change, noting how traditional practices linger, such as the Supreme Court’s tradition of providing white goose quill pens at counsel tables during oral arguments. He reflected on the gradual introduction of technology in the court system: the typewriter, which revolutionized office work, persisted for a century; the courtroom adopted photocopy machines in 1969 and utilized rented personal computers a decade later. By the early 1990s, the majority of legal professionals had computers at their disposal, yet “paper remained the rule of the day,” he observed.

The pace of technological advancement began to accelerate rapidly thereafter. The transition from a predominately paper-based system to electronic records and filings was compounded by the challenges posed by the COVID-19 pandemic, which prompted courts to embrace remote hearings over in-person proceedings.

Roberts elaborated on the emergence of AI as the latest technological frontier in the legal landscape. While AI brings opportunities for enhanced efficiency and productivity, it also promises to expand access to justice, particularly for those with limited resources. AI tools can assist marginalized individuals in locating templates and court forms, guiding them through the completion processes, and ensuring they understand how to file these documents properly. “These innovations have the potential to bridge the gap between available resources and the pressing needs of our court system,” the Chief Justice noted.

Moreover, he suggested that legal research could evolve to a point where it becomes unimaginable without the aid of AI. However, Roberts urged for a balanced approach characterized by "caution and humility," voicing concerns about the reliability of AI technologies after instances where lawyers incorporated ChatGPT responses into legal filings, only to discover that the chatbot fabricated non-existent cases.

Roberts also identified emerging legal risks associated with AI utilization. “Some legal scholars have expressed concerns regarding the potential compromise of confidentiality when sensitive information is input into AI tools,” he said. Furthermore, studies indicate societal perceptions of AI as being less fair than human judgment. He pointed out that legal matters often reside in nuanced gray areas, making AI's application in law vastly more complex than determining the outcomes of sporting events, such as whether a tennis ball is in or out at the U.S. Open.

“Machines cannot entirely replace vital participants in the courtroom,” remarked Roberts. Judges often assess the sincerity of a defendant’s statements based on subtle emotional cues, where minute details such as a trembling hand, quivering voice, or fleeting eye contact inform critical decisions. He emphasized that the trust people have in human judgment remains paramount, asserting, “I predict that human judges will persist for a considerable time. However, I also predict that judicial work—particularly at the trial level—will be significantly influenced by AI. This shift will not only alter how judges perform their duties but also their understanding of AI's role in the cases they adjudicate.”

The legal field has already begun to integrate AI technologies. A notable example is Allen & Overy's introduction of an AI tool designed for drafting standard legal contracts and the deployment of Harvey, a conversational AI chatbot that assists attorneys with tasks such as document review and due diligence.

Roberts concluded by acknowledging the critical role of technologists in today’s courts, stating, “Judges, myself included, often rely on help desk staff for urgent and necessary technical support.” As the intersection of law and technology continues to evolve, the court system must remain vigilant and adaptable to harness the potential of AI responsibly while safeguarding its core values.