Judges have a duty to keep up with advancing technology, “including but not limited to artificial intelligence,” according to a new ethics opinion issued by the State Bar of Michigan’s Standing Committee on Judicial Ethics.
The opinion, JI-155, noted that the increasing use of artificial intelligence and other technological advancements require judicial officers to understand how these tools will affect their conduct and docket.
“AI is becoming more advanced every day and is rapidly integrating within the judicial system, which requires continual thought and ethical assessment of the use, risks, and benefits of each tool,” the opinion stated. “The most important thing courts can do today is to ask the right questions and place their analysis and application of how they reached their conclusion on the record.”
Knowing and understanding technology is an ethical responsibility for all attorneys in Michigan. The Michigan Supreme Court modified the Rules of Professional Conduct to include tech competency effective January 2020.
The opinion noted that AI can be both an asset in the courtroom and legal profession, but it can also be misused.
“As the use of technology increases, so does the requirement to maintain competence in what is available, how it is used, and whether the use of the technology in question would affect a judicial decision,” the opinion said.
The State Bar of Michigan offers training and information on technology competency through its Practice Management Resource Center at www.michbar.org/pmrc/technology-competency. Tech competency resources include webinars, checklists and guides.
To read the full opinion, visit www.michbar.org/opinions/ethics/numbered_opinions/JI-155.
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