In a strategic move to grapple with the burgeoning influence of artificial intelligence (AI) in the judicial realm, two prominent federal appeals courts have taken decisive steps. The 9th U.S. Circuit Court of Appeals, stationed in San Francisco, led by U.S. Circuit Judge Eric Miller, and the Philadelphia-based 3rd U.S. Circuit Court of Appeals, under the guidance of Chief Judge Michael Chagares, have both initiated the formation of committees specifically tailored to scrutinize the implications of AI within the legal framework.
The decision comes at a time when the legal fraternity is contending with the swift ascent of generative AI programs, exemplified by OpenAI’s ChatGPT, prompting a broader discussion on how to regulate their application in court proceedings.
Notably, Bradley Arant Boult Cummings, a law firm, revealed that A.J. Bahou, a partner heading its AI practice in Nashville, has been appointed to serve on the newly created panel for the 9th Circuit.
Chief U.S. Circuit Judge Mary Murguia, leading the 9th Circuit’s committee, aims to facilitate a comprehensive evaluation of suitable rules and applications for AI within the court. Judge Miller, when approached for comments, maintained the court’s ongoing process in forming the committee, with further announcements expected in due course.
The 5th U.S. Circuit Court of Appeals, based in New Orleans, took the lead in November by proposing a rule that regulates lawyers’ use of AI tools, particularly emphasizing the certification of accuracy in citations and legal analyses. Lawyers found in violation could face sanctions, including having their filings stricken.
Meanwhile, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, is actively exploring AI concerns, seeking recommendations from its information technology staff on potential next steps. The 2nd U.S. Circuit Court of Appeals in New York has engaged in preliminary discussions about AI within its rules committee, though no specific panel has been formed.
At the national level, the Judicial Conference’s Advisory Committee on Evidence Rules is gearing up to host a conference centered on AI this year. The conference aims to explore the necessity of rules to safeguard against the introduction of “deepfakes” as evidence in trials.
As the judicial landscape grapples with the transformative force of AI, these proactive measures by the federal appeals courts signal a collective commitment to navigating the challenges and opportunities presented by this cutting-edge technology.
