July 3, 2024 – Louisiana Fifth Circuit Court of Appeals Judge Scott Schlegel has some advice for his colleagues who are nervous about using artificial intelligence (AI) in their courthouses.

“This is just another technological revolution inside the justice system,” Schlegel said. “We’ve been here before, and we’re going to get through it. Start learning how to use the tools.”

Judge Schlegel gave the opening plenary address at the State Bar of Wisconsin’s Annual Meeting and Conference in Green Bay on June 19.

Schlegel, a former trial court judge, pointed out that the justice system has used other forms of technology, like websites, for years.

“We’ve been trying to find ways to modernize the justice system for many, many years,” Schlegel said.

He cited his use of an online calendaring system to schedule initial appearances, instead of continuing with the “cattle call” practice of scheduling multiple appearances for 9 a.m. on the same day.

Judge Schlegel has written and spoken widely about the use of AI in the justice system.

He said the new technology offers many benefits to judges, including educating litigants and jurors about the system by updating court system handbooks that date back to the 1980s.

“Why are we not taking these old PDFs, using generative AI to clean them up and improve the language, and then creating videos …. to explain the process?” Schlegel said. “I’m talking about walking people through the system.”

It’s not all moonlight and roses, however. Judge Schlegel acknowledged that certain forms of AI allow users to easily alter – and in some cases create – images and sound files.

“The photographic evidence and the audio evidence today scares the heck out of me as a former trial court judge,” Schlegel said.

He said attorneys must be aware of their ethical obligation when assessing evidence provided by clients.

“Lawyers have to function as gatekeepers, as well as courts,” Schlege said.