Supreme Court year-end report ponders the future of AI in the judiciary

The Supreme Court of the United States released its annual year-end report on the federal judiciary on Sunday, providing an overview of the court’s work and achievements in the past year.

The report, authored by Chief Justice John Roberts, also includes a commentary on the increasing use of artificial intelligence (AI) in the judicial system, exploring its benefits, challenges, and ethical implications.

Chief Justice Robert’s reflections in the report come at a time when AI is rapidly becoming ubiquitous, raising questions about its potential to reshape hundreds, potentially thousands, of professions, including those of lawyers and judges. “Every year, I use the Year-End Report to speak to a major issue relevant to the whole federal court system,” Roberts says in the report, underscoring the significance of AI in current discourse.

In the report, Roberts takes a historical perspective, comparing the advent of electricity in rural America to the modern era of information technology. “Sometimes, the arrival of new technology can dramatically change work and life for the better,” he begins, setting the stage for a nuanced discussion on innovation and its consequences.

Drawing parallels with past technological investments like the Paige Compositor, which led to Mark Twain’s financial downfall due to its complexity and failure to commercialize, the report highlights the unpredictable nature of technological advancement. “But not every story of technological investment ends brightly,” Justice Roberts cautions, suggesting that while AI holds promise, its trajectory remains uncertain.

The report reflects on the incremental adoption of technology in the judiciary, noting the judiciary’s movement from quill pens to personal computers and electronic databases. “Those of us who marveled at new, bulky, early personal computer systems in legal workplaces could hardly have anticipated today’s ubiquitous conversations about whether and when computers might replace all sorts of professions—not least, lawyers,” Roberts observes, acknowledging the ongoing debate around AI’s potential to supplant human roles.

However, the report affirms the judiciary’s resilience and adaptability in the face of technological change, while also implicitly reassuring that human judges remain indispensable. “I am sure we are not [about to become obsolete]—but equally confident that technological changes will continue to transform our work,” Roberts states, emphasizing the balance between embracing innovation and preserving the essential human elements of jurisprudence.

This contemplation comes as the legal profession grapples with the integration of AI in tasks ranging from legal research to predictive analytics.

According to a recent Deloitte report, around 39 percent of legal jobs are at “high risk” of being automated in the next two decades; Similarly, a recent McKinsey report estimates that 23 percent of a typical lawyer’s job can be automated.

The use of AI in the legal system is also not without its challenges and ethical considerations. While AI can improve efficiency and access to legal information, concerns about algorithmic bias, transparency, and the loss of human judgment persist.

The report’s message seems to be one of cautious optimism—a call to harness the benefits of AI while being mindful of its limitations and potential pitfalls.

As the Supreme Court’s report makes clear, the question is not whether AI will influence the legal profession, but how it will do so and what safeguards should be in place to ensure that technology serves justice rather than undermines it. Although the report may chart a course for the use of AI in law, it also carefully establishes that true justice and fair deliberation will always require a human touch.