US judges split on AI adoption as concerns over hallucinations and human judgment mount

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About 60% of US federal judges now use at least one AI tool in their work, while 20% formally prohibit it. The divide highlights growing tensions as artificial intelligence seeps into judicial work. Dozens of lawyers have faced discipline for AI hallucinations in court filings, and at least two federal judges retracted opinions tainted by AI-related errors, raising urgent questions about accuracy and public trust.

AI Seeps into Judicial Work Amid Growing Divisions

Artificial intelligence is rapidly entering America's courtrooms, creating sharp divisions among judges about its role in the judicial system. At a recent conference in Greenbelt, Maryland, U.S. federal magistrate judge Ajmel Quereshi made his position clear: he runs a "generative AI-free" chambers, rejecting tools that many lawyers have embraced

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. Quereshi emphasized that his work centers on judgment—"understanding the life of a case, how to apply the unique facts and circumstances to each individual case and applying the facts to the law"—skills he believes generative AI cannot replicate

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Source: Reuters

Source: Reuters

This cautious stance contrasts sharply with emerging data. A Northwestern University study found that about 60% of U.S. federal judges use at least one AI tool in their judicial work, while roughly 20% of judges formally prohibit AI use and 17% discourage it without imposing a ban

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. The absence of system-wide rules has left judges and lawyers to adopt different approaches to AI in judiciary, creating fault lines across the legal profession

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Cautious Adoption of Generative AI in Legal Workflows

Research from West Virginia University reveals how judges are carefully integrating AI into their operations. Amy Cyphert, associate professor at WVU College of Law, co-authored a white paper based on in-depth interviews with 13 state and federal judges

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. The study found judges using AI to summarize lengthy documents, organize case materials, draft speeches, and prepare questions ahead of oral arguments

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Source: Newswise

Source: Newswise

"Judges talked about using AI as a kind of force multiplier," Cyphert explained. "If it can help with organizing information or preparing materials, that frees them up to spend more time on the core work of judging"

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. Many judges described treating generative AI like a junior assistant—helpful for administrative tasks but never a substitute for legal reasoning or final judgment

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. This reflects a firm commitment to maintaining human control over judicial decision-making, a principle that every interviewed judge emphasized

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AI Hallucinations in Court Filings Trigger Disciplinary Actions

The risks of responsible use of AI have become starkly apparent through high-profile failures. Dozens of lawyers have been disciplined for AI hallucinations in court filings they failed to verify

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. These AI hallucinations—instances where AI confidently generates false or misleading information—were a concern raised by every judge in Cyphert's study

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Maryland Supreme Court Chief Justice Matthew Fader highlighted that federal judges in New Jersey and Mississippi withdrew retracted judicial opinions that included AI-related errors in at least two instances last year

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. These errors threaten public trust in the judicial system. "They are very aware that even a single error like that could affect confidence in the courts," Cyphert noted, explaining why judges approach these tools with heightened caution

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Developing AI Policies to Balance Innovation and Integrity

U.S. District Judge Lydia Kay Griggsby represents a middle path, planning to issue developing AI policies for her chambers that will include guidance on when and how staff can use the technology

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. "AI is changing how courts and judges do the work that we do," Griggsby said, calling AI use "inevitable" in the judiciary while stressing that courts must address the technology head-on

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. She noted that younger staff entering chambers already use this technology and will be inclined to rely on it

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Privacy concerns and cybersecurity remain critical considerations. Many judges reported avoiding AI tools for confidential or sealed materials and being mindful about information shared even at the prompt stage

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. The research points to growing needs for clearer policies around disclosure, acceptable use, and ethical guidelines, though establishing those standards will require time

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Judges expressed strong interest in additional training on using generative AI effectively and identifying potential errors. "They want practical guidance," Cyphert said. "How to use these tools well, how to spot problems, how to share best practices—that's where the field is headed"

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. Chief Justice Fader captured the prevailing sentiment, noting that AI brings "extraordinary opportunities and perhaps equally extraordinary challenges"

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. As these tools become increasingly embedded in everyday software, the focus remains on ensuring judges and lawyers continue doing ethical work while preserving human judgment at the heart of judicial decision-making

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