“Delaware Judges, Law Clerks Cleared to Use Generative AI Tools”
Privilege Objections Denied Without Prejudice
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November 13, 2024In Delaware Judges, Law Clerks Cleared to Use Generative AI Tools (Bloomberg Law Oct. 22, 2024) Jennifer Kay reports that “Delaware judges, law clerks, and other court staff using approved generative artificial intelligence tools assume responsibility for the accuracy of any materials produced with the emerging technology, under an interim policy announced Tuesday by the state’s highest court.”
The article states that the “decision-making function” cannot be delegated to generative AI. However, the policy neither prohibits nor requires the use of GenAI. Id.
Ms. Kay adds: “Anyone using AI that creates content in response to user prompts must also be trained to use it properly and comply with existing court rules and laws. Using non-approved tools isn’t advised, and feeding confidential information into such programs is prohibited. The policy applies to all judicial officers, employees, law clerks, interns, and volunteers, but it doesn’t mention the use of AI by lawyers.”
The October 21, 2024, order of the Supreme Court of Delaware refers to a recommendation of the Delaware Commission on Law and Technology and includes an “Interim Policy on the Use of GenAI by Judicial Officers and Court Personnel.”
The interim policy “is intended to ensure the safe and appropriate use of GenAI by Authorized Users.” It adds that: “Generative AI tools are intended to provide assistance and are not a substitute for judicial, legal or other professional expertise.”
That policy states that: “Any use of GenAI output is ultimately the responsibility of the Authorized User. Authorized Users are responsible to ensure the accuracy of all work product and must use caution when relying on the output of GenAI.”
Additionally, “non-public information” may not be input into non-approved GenAI. “Approved GenAI” is defined as “GenAI tools that have been approved by the Administrative Office for use by Authorized Users in the performance of their duties and using State Technology Resources.”
