Securities Regulation Daily Wrap Up, AI NEWS—California recommends the use of generative artificial intelligence for court-related work, (Jul 22, 2025)

By R. Jason Howard, J.D.

Adopting the rule of court and standard of judicial administration will help promote responsible innovation and protect confidential information.

California’s Artificial Intelligence Task Force has submitted a report to the Judicial Council of California in which it recommends adopting “one rule of court and one standard of judicial administration to address the use of generative artificial intelligence for court-related work.”

The report explains that adopting the proposed rule and standard will “help promote responsible innovation in court operations while protecting confidential information, ensuring appropriate oversight, and maintaining public trust in the judicial branch.” Accordingly, the AI Task Force recommends that the Judicial Council adopt California Rules of Court, rule 10.430 and California Standards of Judicial Administration, standard 10.80, effective September 1, 2025.

Under rule 10.430, courts that do not prohibit the use of generative AI by court staff or judicial officers must adopt a policy that applies to the use of generative AI “by court staff for any purpose and by judicial officers for any task outside their adjudicative role.” The rule applies to superior courts, the Courts of Appeal, and the Supreme Court.

The policies adopted under rule 10.430 must, among others:

• Prohibit the entry of confidential, personal identifying, or other nonpublic information into a public generative AI system, meaning any system that is publicly available or that allows information submitted by users to be accessed by anyone other than judicial officers or court staff; and

• Prohibit the use of generative AI to unlawfully discriminate against or disparately impact individuals or communities based on membership in certain groups, including any classification protected by federal or state law.

Standard 10.80 addresses the use of generative AI by judicial officers for tasks within the adjudicative role and states that judicial officers:

• Should not enter confidential, personal identifying, or other nonpublic information into a public generative AI system;

• Should not use generative AI to unlawfully discriminate against or disparately impact individuals or communities based on membership in certain groups, including any classification protected by federal or state law;

• Should take reasonable steps to verify that generative AI material, including any material prepared on their behalf by others, is accurate, and should take reasonable steps to correct any erroneous or hallucinated output in any material used;

• Should take reasonable steps to remove any biased, offensive, or harmful content in any generative AI material used, including any material prepared on their behalf by others; and

• Should consider whether to disclose the use of generative AI if it is used to create content provided to the public.

According to the report, the rule and standard will address the “confidentiality, privacy, bias, safety, and security risks posed by use of generative AI in court-related work.” The report also asserts that adopting the proposal will “help promote responsible innovation in court operations while protecting confidential information, ensuring appropriate oversight, and maintaining public trust in the judicial branch.”

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