AI in the judiciary: A test of tradition and innovation

The Philippines recently played host to the 11th ASEAN Chief Justices Council Meeting and the 45th ASEAN Law Association Governing Council Meeting, both held this week at the Shangri-La Mactan in Cebu,

I was not around to cover both events but I learned from the report of The FREEMAN the other day that Chief Justice Alexander Gesmundo was elected as the new chairman of the ASEAN Chief Justices Council during the said meeting.

Chief Justice Gesmundo’s message in his acceptance speech reflects the thrust of his leadership of the Philippine judiciary since April 2021 when he assumed the top post. It is about the challenge of reconciling the need for dynamism of our judicial system amid the traditionally-rooted field of law that is often seen as steadfast and unchanging.

Gesmundo pointed out that legal systems are built on evolving frameworks, policies, processes, and infrastructures. He warned against judicial stagnation, stating that courts must embrace adaptability to remain aligned with the progress of society. “In this state of flux, a stagnant and unmoving judiciary will be run down and left behind. The ASEAN judiciaries must therefore remain open to change and transformation to remain relevant to their people’s way of life,” Gesmundo told his audience composed of ASEAN chief justices and other delegates.

I have always been impressed by how our judiciary has adapted to the challenges of the pandemic and post-pandemic society. While I recognize that there are many complaints about our slow justice system and other perceived inefficiencies, as a practicing lawyer, I also see the immense efforts of our judiciary's leaders and employees to cope with what is presumably one of the heaviest dockets or caseloads in the world.

That said, my main complaint is the physical layout of our courts and the need for better designs, more courtrooms, and larger, cleaner halls of justice. I hope the Supreme Court will invest more on building well-designed court houses, with the support of the local government units.

I digress, but returning to the reforms under Gesmundo’s leadership (and even those before him), the Supreme Court and the judiciary, in general, were quick to adopt videoconferencing technology at the height of the pandemic. Today, with advances in digital technology and artificial intelligence (AI), this traditionally rooted institution has surprisingly embraced a more open and progressive stance toward AI.

In his welcome remarks during the 45th ASEAN Law Association Governing Council Meeting, Chief Justice Gesmundo stressed the need for the judiciary to adapt to the technological advancements, particularly in AI, that are “revolutionizing the legal field and reshaping basic legal work.”

Last November 6, 2024, the Supreme Court announced that it is set to draft an “AI Governance Framework for the Judiciary.” This recognizes the “growing significance of AI in judicial processes” and aims to outline guidelines for the “responsible integration of AI across various areas of court operations and management.”

Senior Associate Justice Marvic M.V.F. Leonen told the media in a press conference that the AI Governance Framework will provide standards for using AI in court administration, such as human resource, finance, and security, as well as in legal research, document analysis, courtroom applications, and case management. He also revealed that the Supreme Court has already commenced pilot testing of AI technologies, including voice-to-text transcription software for court stenographers in the Sandiganbayan and select first-and second-level courts. Several offices within the Court are holding trial runs for AI-enhanced platforms designed to streamline legal research.

As one study suggests, the decision to use AI will ultimately depend, among other factors, on what might be described as a ‘moral compass’ (Ettekoven and Prins, 2024). Thus, it is significant that the Supreme Court is actively engaging with this kind of technology, as it possesses the institutional integrity and capability to spearhead the development of such a compass, grounded in the judiciary’s core values and traditional principles of justice.

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I would like to take this opportunity to invite you to the book launch of “Buhi sa Kanunay: Celebrating Friendships Through Time” by Bro. Karl M. Gaspar, CSsR, an anthropologist and expert on indigenous peoples. The event will be held at 3 P.M. today, November 23, 2024, at the St. Alphonsus Social Hall, Holy Redeemer Provincial Center, Redemptorists, R. Aboitiz Street, Cebu City.