Statewide Guidelines Being Prepared for AI Use in New Mexico Courts
Following issues caused by artificial intelligence in court proceedings across the state, work is underway on three separate guidelines to clarify rules for all parties in the judicial system.
New Mexico judges Jane Levy and Jarod Hofacket briefed a state legislative committee on new guidelines being prepared for the use of artificial intelligence in courts. The effort aims to establish clear rules for self-represented litigants, attorneys, and judicial employees.
Guidelines Being Developed for Three Separate Categories
Second Judicial District Family Court Judge Jane Levy and Sixth Judicial District Judge Jarod Hofacket spoke before the Courts, Corrections and Justice Interim Committee in Albuquerque. The judges shared that they are working on three separate sets of guidelines for self-represented litigants, attorneys, and judicial staff.
The judges, who serve on the State Supreme Court's AI and the Courts Committee, aim to set standards in courts by publishing annual recommendations alongside academics and lawmakers.
Past AI Incidents
Several precedent-setting incidents caused by AI in courtroom settings were cited as justification for the efforts. Last year in Arizona, a family used AI to recreate their relative killed in a road rage incident to deliver testimony in court.
Recently, the New Mexico Supreme Court found a local attorney in contempt of court for submitting an AI-generated brief containing fake witnesses and fabricated testimonies.
Emphasis on the Human Element and Reliability
State Senator Antoinette Sedillo Lopez pointed to the tool's reliability issues, noting that when she asked AI a legal question, her own unpassed bill was presented as enacted law.
Judge Hofacket emphasized that the human element is indispensable in decision-making, stating that having a human present who listens to grievances and generates solutions is a fundamental part of the judicial experience.