Haw. Sup. Ct. Order: order584

Electronically Filed

Supreme Court

SCMF-24-0000305

16-APR-2024

10:33 AM

Dkt. 1 ORD

IN THE SUPREME COURT OF THE STATE OF HAWAII

________________________________________________________________

IN RE

COMMITTEE ON ARTIFICIAL INTELLIGENCE AND THE COURTS

________________________________________________________________

ORDER ESTABLISHING THE COMMITTEE ON

ARTIFICAL INTELLIGENCE AND THE COURTS

(By: Recktenwald, C.J.)

In recent years, Artificial Intelligence (“A.I.”) programs

have increased dramatically in their sophistication and

widespread use. The Judiciary recognizes the effect that the

emergence of A.I. will have on the courts. The effective use of

A.I. has the potential to make the administration of justice

more efficient and accessible, and could be beneficial in

closing the justice gap by providing legal information to self-represented litigants and assisting them in navigating the court

process on their own. However, concerns have been raised about

the accuracy of court filings generated by A.I. and whether

factual and legal citations in such filings have been adequately

vetted. Accordingly, in order to keep the Judiciary informed

and prepared for the development of A.I. related technology, to

address issues and concerns, to formulate a plan of action, and

connect with experts in this field across jurisdictions,

IT IS HEREBY ORDERED as follows:

1. A Committee on Artificial Intelligence and the Courts

(“Committee”) is hereby established, effective upon the

filing of this order.

2. The role of the Committee is to examine issues and make

recommendations related to the use of A.I., including but

not limited to:

a. Research on A.I. capabilities, limitations, and

risks to the Judiciary;

b. Determine how to approach, incorporate, and/or

implement A.I. technology into court operations;

c. Provide guidance and/or policies in regard to A.I.

usage;

d. Identify ways in which A.I. can be used to meet the

needs of self-represented litigants; and

e. Identify legal and ethical issues that could arise

from the use of A.I. technology in court operations

and in the practice of law, and as appropriate,

recommend rules to address them.

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3. The Committee shall consist of the following members:

a. A Justice and/or Staff Attorney of the Hawaii

Supreme Court [The Honorable Vladimir P. Devens];

b. A Judge and/or Staff Attorney of the Intermediate

Court of Appeals [The Honorable Keith K. Hiraoka];

c. A Judge and/or Administrator representing the First

Judicial Circuit [The Honorable John M. Tonaki];

d. A Judge and/or Administrator representing the Second

Judicial Circuit [The Honorable Annalisa M. Bernard

Lee];

e. A Judge and/or Administrator representing the Third

Judicial Circuit [The Honorable Jeffrey W. Ng];

f. A Judge and/or Administrator representing the Fifth

Judicial Circuit [The Honorable Kathleen N. Watanabe

and The Honorable Stephanie R. Char];

g. The Administrative Director of the Courts, or its

designee(s) [Daylin-Rose H. Heather, Angela K. Min,

and Jenny R. Silbiger];

h. The Chair of the Hawaii Access to Jutice Commission,

or its designee [The Honorable Joseph E. Cardoza

(ret.)];

i. The President of the Hawaii State Bar Association,

or its designee [Jesse K. Souki];

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j. A representative(s) of the Criminal Justice Research

Institute [Dr. Erin E. Harbinson and Aerielle I.

Reynolds]; and

k. The Dean of the the University of Hawaii William S.

Richardson School of Law, or its designee(s)

[Matthew Stubenberg and Assistant Professor Emile

Loza de Siles].

4. The Honorable Vladimir P. Devens and The Honorable John

M. Tonaki shall serve as Co-Chairs of the Committee.

5. The Committee may call upon representatives of other

Judiciary departments such as Policy & Planning,

Information Technology & Systems, and Human Resources to

serve as resources.

6. Other members of the Committee shall be appointed by the

Co-Chairs at their discretion and as deemed necessary for

the Committee’s work.

7. The Committee shall submit periodic reports with findings

and recommendations to the Supreme Court with a

preliminary report due no later than December 15, 2024,

and a final report due on or before December 15, 2025.

The reports shall address the matters set forth in

section 2 above, as well as the current status of the use

of A.I. technology in the Judiciary and by court users,

and any other matters deemed relevant by the Committee.

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8. The Committee’s work shall end upon submission of the

final report, unless extended further.

DATED: Honolulu, Hawaii, April 16, 2024.

/s/ Mark E. Recktenwald

Chief Justice

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