AI in Courtrooms

Artificial Intelligence (AI) has seeped into every aspect of human existence, including the legal profession. While its potential to transform the field is undeniable, recent events in New York and India have sparked important issues regarding its use in the administration of justice. These incidents highlight a troubling concern: the unregulated use of AI in courtrooms, jeopardizing principles of integrity, trust, and human accountability i.e. the cornerstone of any legal system.

Recently in New York, a litigant appeared before the State Supreme Court in a proceeding. Instead of appearing physically, he appeared through a pre-recorded, AI-generated avatar, delivering arguments via video presentation. Although, initially undetected, the deception was soon uncovered by the sharp-eyed bench, prompting judicial criticism.

The Hon’ble Judge presiding over the case reprimanded the litigant for violating courtroom norms and attempting to mislead the court. The litigant justified that he struggled with public speaking and apologized sincerely, admitting poor judgment. However, the incident raised serious concerns, both ethical and procedural. The main issue in the matter was “Whether the use of AI threatens the creditability of courtroom proceedings and the importance of honesty in legal advocacy”. The situation exposed real vulnerabilities, including risk to authenticity and judicial integrity.

Halfway across the globe, an intriguing moment also unfolded in India when during a virtual Supreme Court hearing, the Hon’ble Judge asked an advocate “Are you real?”. Although, the question was rhetorical, it reflected the growing judicial discomfort with the rising misuse of AI. While no foul play was found in the case, the concern of growing rumours of AI-generated appearances in Indian courts, like the New York episode, sparked. 

The judiciary in India, like many others globally, has increasingly turned to virtual hearings since the pandemic. This shift, however, has opened doors to new kinds of digital manipulation. The abovementioned judge’s remark, underscores the need for strong systems/mechanisms that can verify identities and maintain courtroom decorum, online.

Our judicial system is built on transparency, accountability, and impartiality. The presence of AI-generated avatars or synthetic appearances in the courtroom pose a grave threat to our judicial values. Courts are institutions where human judgement decides disputes. Using AI in an unregulated way, we weak the foundation of our judicial system. AI generated appearances reduce the importance of accountability and human presence. It has the ability to distort facts through deepfakes and other forms of synthetic media, making it difficult for courts to determine what is true and what is not. If used irresponsibly, AI can harm the trust that courts are meant to uphold. 

To protect judicial integrity, legal systems around the world must act now to regulate AI in legal proceedings. A clear and strong framework is need of the hour to keep pace with technological change, while preserving the dignity and seriousness of the courtroom processes. 

The courtroom is no place for AI avatars. It is where people present real arguments to resolve real conflicts. While AI can improve efficiency in areas such as document review and legal research, it cannot replace human insight essential for adjudication of justice. For reference, the observation of the Hon’ble judge during the New York hearing is cited below:

“This court is guided by human wisdom, not synthetic intelligence.”

As the legal fraternity continues to evolve in the digital age, it must proceed with care. Technology must remain a tool and not a substitute for human judgement. The intersect of law and AI demand caution, clarity and effective regulation to ensure justice remain rooted in human hands. Courtrooms must continue to remain spaces for people with problems where justice is served, and not for AI avatars.