California has become the first state in the U.S. to adopt a formal policy guiding the use of AI in its courts. Announced Tuesday by the California Judicial Council, the policy requires judges and court staff to disclose when AI has been used in drafting opinions or making procedural decisions, ensuring transparency and safeguarding due process.
Under the policy, effective August 1, judges must note in their rulings when AI tools such as legal research assistants or drafting aids were employed. The policy also prohibits AI use in making substantive decisions without human oversight and bars the use of AI tools for private, ex parte communication with parties in a case.
Chief Justice Tani Cantil-Sakauye called the policy “a forward-looking safeguard against unintended consequences of AI in the judiciary,” adding that it strikes a balance between technological innovation and the integrity of the legal process.
Legal experts say the move responds to growing concerns that unregulated use of AI in the legal system could compromise impartiality, confidentiality, and trust in judicial outcomes. “Judges need to understand that while AI can save time and assist with research, the ultimate responsibility for decisions lies with them,” said Professor Jonathan Ruiz of UCLA Law.
The California Bar Association welcomed the policy, suggesting it could become a model for other jurisdictions. Tech companies providing AI legal tools have pledged to cooperate and enhance transparency in their offerings. Critics of the policy argue it could slow adoption of useful tools, but most agree that it lays down important ethical guidelines.
