Last year, the Illinois Judicial Conference Task Force on Artificial Intelligence (IJC) was created to develop recommendations for how the Illinois Judicial Branch should regulate and use artificial intelligence (AI) in the court system. The IJC made recommendations to the Illinois Supreme Court, which adopted a policy on AI effective January 1, 2025.
The policy is consistent with the American Bar Association’s AI Policy. The policy states that “the Illinois Courts will be vigilant against AI technologies that jeopardize due process, equal protection, or access to justice. Unsubstantiated or deliberately misleading AI generated content that perpetuates bias, prejudices litigants, or obscures truth-finding and decision-making will not be tolerated.” In addition, the Illinois Supreme Court reiterated that “The Rules of Professional Conduct and the Code of Judicial Conduct apply fully to the use of AI technologies. Attorneys, judges, and self-represented litigants are accountable for their final work product. All users must thoroughly review AI-generated content before submitting it in any court proceeding to ensure accuracy and compliance with legal and ethical obligations. Prior to employing any technology, including generative AI applications, users must understand both general AI capabilities and the specific tools being utilized.”
Simultaneously, the Illinois Supreme Court published a judicial reference sheet that explains what AI and generative AI are, and what judges should watch for if litigants are using AI technology, including hallucinations, deepfakes, and extended reality. We anticipate more state courts will develop and adopt policies for AI use in the court system. Judges, lawyers, and pro se litigants should stay apprised of the court rules in the states in which they are active.