IAWJ Webinar Report: “AI in the Courtroom: Women Judges Pioneering Technology for Justice”
I had the pleasure of attending this webinar in honour of the International Day of Women Judges, chaired by Jane Charles-Voltaire, Director of Programs and Partnerships for the International Association of Women Judges (IAWJ). She began by highlighting how, in recent years, artificial intelligence (AI) has started to shape various sectors, including the judicial system. As technology continues to evolve, many are wondering how AI will enhance the courtroom experience. This question is particularly relevant for women judges, who are already exploring how AI can support the pursuit of justice while navigating its ethical challenges and potential risks.
The Vision of the Future: Women Judges and AI
Justice Mona Lynch noted that AI is no longer a futuristic concept—it is already part of our daily lives. From search engines like Google to more advanced applications, AI has been in use for years. While some judges are embracing generative AI for its ability to aid decision-making, others remain wary, citing concerns about its trustworthiness. She emphasized that as discussions on AI in the judicial system continue to evolve, it is crucial for women judges to take the lead, ensuring that AI enhances justice while upholding human rights.
Understanding AI’s Impact on the Judiciary
Guilherme Canela from UNESCO highlighted the need to understand both the capabilities and challenges that AI presents for the judiciary. Legal systems worldwide are grappling with how to integrate AI in ways that do not deepen societal divides or undermine access to justice. Canela pointed to a 2024 UNESCO study revealing disturbing gender biases within AI systems, which could exacerbate existing inequalities. The study showed that AI often misidentifies women and exhibits gender-based biases when asked about women’s roles and contributions. Without intervention, AI risks reinforcing systemic prejudice and further marginalizing women and girls.
Gender Bias in AI: A Growing Concern
Professor Dr. Maria Lorena Florez Rojas emphasized that AI bias is not an isolated issue—it is systemic. Research has demonstrated how AI can perpetuate gender biases, drawing comparisons to historical design flaws, such as seatbelt designs that were originally created for men, neglecting women’s safety.
Other examples of AI’s gender biases appear in facial recognition technology, hiring algorithms, and search engines. Studies show that AI systems misidentify dark-skinned women at significantly higher rates than light-skinned men, leading to discrimination and wrongful identification. This raises serious concerns in fields like law enforcement, where AI-driven profiling can result in racial discrimination.
Moreover, AI-driven hiring tools, such as Amazon’s recruitment algorithm, have shown gender biases, favoring male-dominated fields and candidates from prestigious institutions, thereby discriminating against women. As AI becomes more deeply embedded in society, ensuring that these systems are audited for fairness and transparency is critical to achieving equitable outcomes.
The Role of AI in Judicial Systems: Challenges and Opportunities
In Brazil, Judge Isabela Ferrari is using AI to manage case backlogs. The country has implemented 141 predictive AI systems within its judiciary, designed to classify lawsuits and recommend legal applications. While AI has shown promise in streamlining judicial processes, it also presents challenges.
For example, predictive AI has limitations in accurately describing cases, and if biased data is fed into these systems, they will inevitably perpetuate pre-existing biases. AI’s growing creative capacity, particularly in generative AI, can provide new insights but also raises ethical concerns. Judge Ferrari posed thought-provoking questions:
Can AI systems generate outcomes faster and better than judges?
How do we balance efficiency with human judgment and ethical considerations?
Judge Ferrari’s concerns highlight a deeper issue: What happens when a system built to deliver justice starts making decisions without human oversight? The human capacity to feel discomfort in the face of injustice is often what drives legal evolution—something AI cannot replicate.
AI in Morocco: A Work in Progress
In Morocco, AI is beginning to transform the judiciary. Although still in its early stages, the Moroccan government is integrating AI into legal and public services, and the judiciary is adopting predictive case analysis tools. However, as Judge Sara Zouhir pointed out, algorithmic transparency remains a major concern. The lack of regulations and guidelines for AI presents significant challenges in ensuring its fair implementation. Morocco is actively working to establish a legal framework that ensures AI integration is equitable and respects human rights.
Gender-Based Violence and AI
AI has shown promise in addressing specific legal challenges, such as gender-based violence cases. Judge Nieves Macchiaveli demonstrated how AI can expedite processes and support women in legal battles by automating document creation and legal assessments. However, she also cautioned that AI is not a one-size-fits-all solution—it must be carefully examined to ensure it does not exacerbate existing biases or undermine the rights of marginalized groups.
The Future of AI and the Role of Judges
AI is becoming an inevitable tool in judicial systems worldwide. However, its adoption should complement rather than replace human judgment. Judges must be familiar with both the potential benefits and limitations of AI. To achieve this, it is essential to provide judges with education and training on AI technologies and their impact on judicial decision-making.
The key to successful AI integration in the courtroom lies in:
- Data diversity
- Algorithmic transparency
- Inclusivity in AI design
Moving forward, AI tools must be developed and deployed in ways that uphold justice, equity, and human dignity.
Conclusion
The webinar highlighted that as women judges, we are at the forefront of a critical discussion on AI in the courtroom. By embracing AI while remaining vigilant about its risks, we can ensure that the future of justice remains rooted in fairness, humanity, and equality.
As AI continues to evolve, women judges must play a leading role in shaping the ethical frameworks that govern its use in the legal system. With careful consideration, AI can become a powerful tool in making justice more accessible, fair, and responsive to the needs of all.
District Judge Raffia Arshad
This article was produced with the assistance of ChatGPT.
Watch the webinar recording here.