Arkansas Supreme Court releases proposed rule for artificial intelligence
The use of artificial intelligence in legal documents could violate Arkansas law or court rules, according to a proposed administrative order issued by the state Supreme Court last week.
Specifically, the proposed order addresses the use of confidential court data with generative artificial intelligence. AI models retain data inputted by users of AI products, such as ChatGPT, in order to continue training the large language models that exploded into public use only a few years ago, the order notes.
'Anyone who either intentionally or inadvertantly [sic] discloses confidential or sealed information related to a client or case [to a generative AI model] may be violating established rules,' the proposed order reads, specifically citing Arkansas Supreme Court Administrative Order Number 19, the Arkansas Rules of Professional Conduct and the Arkansas Code of Judicial Conduct.
Additionally, the proposed order prohibits anyone with internal access to the state's court system, CourtConnect, from 'intentionally exposing our state courts' internal data to a GAI.'
The proposed order provides an exemption to this prohibition if approval is granted by the Supreme Court's Automation Committee to engage in 'a research and analysis project related to the use of generative AI tools and general AI for the benefit of our courts.'
The proposed order does not appear to address questions of broader use of AI by attorneys within the state court system. Judges in courtrooms across the country in recent months have expressed frustration with attorneys who have filed briefs and other documents bearing citations to nonexistent or irrelevant cases as a result of so-called 'AI hallucinations,' leading to sanctions in some cases.
As reported by the Alabama Reflector, for example, lawyers who were being paid millions by the Alabama Department of Corrections to defend it against lawsuits filed by prisoners in the state system were called out by an inmate's attorneys for making up legal citations 'out of whole cloth' in a lawsuit where their client alleged being stabbed repeatedly while in restraints.
The federal judge presiding over the case said that the incident showed that sanctions levied by other courts had proven 'insufficient' to deter lawyers from filing documents with improper or made up citations created by AI.
'That causes me to consider a fuller range of sanctions,' Judge Anna M. Manasco said.
The Arkansas Supreme Court Committee on Automation created a subcommittee to 'study the use of AI in the courts.' The introduction to the proposed order notes that as the committee continues its work, it will make recommendations.
The comment period for the proposed administrative order ends on Aug. 1.
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