| Date: | 11/12/2025 |
|---|---|
| Organization: | Massachusetts Supreme Judicial Court |
These guidelines are being issued on an interim basis, and will be refined and modified as more becomes known about Generative AI. It is your responsibility to make sure that you are following the most recent guidance.
These guidelines apply to the use of Generative Artificial Intelligence (GenAI) tools by judges, clerks, registers, recorders, employees, law clerks, interns, and contractors of the Massachusetts state courts.
The general policy is that GenAI may not be used except in certain limited situations set out below.
GenAI refers to a type of artificial intelligence that can create new content – text, images, audio, or video – based on the data it has been trained on. In its simplest term, GenAI uses machine learning tools to analyze data and create new content that closely resembles human-generated material. These tools produce original and creative content based on patterns learned from the data, usually in response to user prompts. New GenAI tools are being introduced to the marketplace every day.
GenAI holds significant promise, particularly when it comes to streamlining processes and enhancing productivity. But the promise must be balanced against an awareness of the risks associated with its use – risks both known and unknown.
Information produced by GenAI can be of varying quality, and relying on it without verification can lead to incorrect or misleading information or data. Furthermore, information entered into a GenAI tool may become part of the tool’s learning model and be made public through a data leak, generated content, or otherwise. Since GenAI tools learn from human-generated content, they also may perpetuate stereotypes, reinforce prejudices, or exhibit unfair bias. At a minimum, therefore, the use of GenAI must be approached with caution and with heightened consideration and understanding of factors such as accuracy, reliability, data privacy, compliance, and legal and ethical issues.
We have a lot to learn about this emerging technology, and the learning process likely will be ongoing. While we develop further standards and policies related to the use of GenAI, the following interim guidelines shall apply.
Not at this time.
No, unless:
Provided you activate the settings to opt-out of allowing the tool to use what you input to train its learning model or retain your input in any fashion ([instructions provided]), you may use the following tools, which have been approved for use under these interim guidelines by the IT Department:
Because of the risks associated with the use of GenAI, only Level 1 (Public) information may be entered into a GenAI tool. No other information may be entered. No Level 2 (Internal), Level 3 (Confidential), or Level 4 (Highly Confidential) information should be entered. If you are unsure what types of information are included in Level 1 (Public), please review the [Information Classification Policy] or contact [IT Information Security].
No. GenAI is subject to error, including errors sometimes called "hallucinations." The tools can present information that appears to be factual but is in fact a false fabrication or otherwise incorrect or misleading. As a result, you must never assume that information from GenAI is accurate, credible, or authoritative. You must always separately verify the information from GenAI, as detailed below.
Ultimately, you are responsible for your use of GenAI, and you should take all steps necessary to ensure that the information it produces at your request is wholly accurate. You must never use GenAI as the sole source of reference or rely on it to make final decisions, and you must always independently verify any information produced by GenAI. In addition, you must ensure that your use of a GenAI tool is consistent with all ethical codes of conduct, standards of conduct, and other court policies.
