State Says Judges and Staff May Use Generative AI

• Pages: 2-3
• Date: 01 April 2025
• Published date: 01 April 2025
• Author: Michelle C. Hayes
• Subject Matter: Civil Law

By Michelle C. Hayes , Litigation News Associate E ditor

State Says Judges and Staff May Use

Generative AI

© Getty Image s

o ensure the safe and appropriate use of gen-

erative articial intelligence (AI), the Delaware

Supreme Court has issued an Interim Policy on the

Use of Generative AI by Judicial Ofcers and Court

Personnel. ABA Litigation Section leaders welcome

this policy as an effort by the judiciary to promote accuracy

and transparency. Litigation Section members should be aware

that courts may use generative AI to process their lings. Over

time, courts are also expected to issue more specic policies

concerning the use of generative AI.

Policy Allows Use o f AI But Sets Limi ts

As the administrative head of the lower state courts, the state

supreme court concluded that judicial ofcers and court per-

sonnel in the state may use AI in their work. But the court set

limits on when and how the technology can be used. Under the

interim policy, judicial ofcers and court personnel must “use

caution” if they employ generative AI tools. They are responsi-

ble for the accuracy of all their work product when relying on

the output of generative AI. Any AI products used for ofcial

duties must be approved by the court’s administrative arm.

SPRING 20 25 • VOL. 50 NO. 3

2 | A BA LITIGATION SECTION

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Published in Litigation News Volu me 50, Number 3, Sprin g 2025. © 2025 by t he American Bar A ssociation. Re produced with per mission. All righ ts reserved. Thi s information or an y portion there of may not be copied or

disseminated in an y form or by any means or s tored in an electro nic database or re trieval system wi thout the express w ritten consen t of the American B ar Associatio n.