Judicial expert frameworks as inspiration for the use of AI in courts

Abstract

The ever-increasing reliance on AI systems in courts and its associated risks prompt the question whether there is a need for clearer frameworks to safeguard adherence to the right to a fair trial and the rule of law. Although some frameworks are being developed – mainly in the form of guidelines, strategies or ethical charters – they often remain vague, relying on high-level principles rather than concrete standards. This article proposes an innovative approach to strengthen the regulatory framework for AI in courts by drawing inspiration from existing frameworks for judicial experts. In fact, judicial AI systems may be considered “judicial experts” in cases when judges depend on them in ways similar to how they rely on traditional experts. By examining the obligations imposed on judicial experts, this article explores which of these could be extended or adapted to judicial AI systems. After all, if AI is employed in a similar capacity, why should it not be subject to the same, or even stricter, requirements?