Hot off the presses! “The Judicious Judge’s Guide to Generative Artificial Intelligence and Large Language Models” has been accepted to appear in the Columbia Science and Technology Law Review, Vol. 28, No. 2 (forthcoming May 2027) and can be downloaded below: Co-authored by Judge Xavier Rodriguez, Judge Allison Goddard, Prof. Maura R. Grossman, Judge Samuel Thumma and Judge Scott Schlegel AbstractArtificial intelligence (AI) and, in particular, generative AI (GenAI) and large language models (LLMs) are affecting many aspects of legal practice and court operations. Lawyers increasingly employ tools such as Lexis+ AI (now Lexis+ with Protégé), Westlaw Precision AI, CoCounsel, Harvey, and consumer-grade systems like Claude, ChatGPT, Copilot, and Gemini, while courts experiment with AI-enhanced case management, document analytics, and access-to-justice tools. For American judges, these uses create both opportunity and risk: AI can improve efficiency and accessibility, but can also threaten judicial independence, impartiality, and public confidence if employed without clear guardrails. This paper provides guidance for judges and their chambers, using the ABA Model Code of Judicial Conduct (MCJC) as a foundation. It aims to help U.S. judges and their chambers use AI tools in ways that enhance, rather than erode, core judicial values. Sections I and II provide basic technical and ethical guidance. Sections III through V offer guidance on how GenAI may be adopted responsibly within chambers. Section VI discusses GenAI-related issues currently arising in litigation. Appendix A illustrates common chambers tasks for which GenAI may be responsibly used, identifies categories of tools suited to each task, and offers example prompts. Appendix B provides a list of guidance issued by various federal and state courts as well as select international courts. |
The Judicious Judge’s Guide to Generative Artificial Intelligence and Large Language Models
