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Congress moves to scrutinize AI use in federal court

A group of lawmakers are set to introduce legislation Thursday to examine the use of artificial intelligence in federal courts, according to bill text obtained by POLITICO.

Sens. Roger Wicker (R-Miss.) and Peter Welch (D-Vt.), along with Rep. Harriet Hageman (R-Wyo.), are preparing to unveil the bipartisan, bicameral Research and Oversight of Artificial Intelligence in Courts Act of 2026. The bill would establish a 15-member task force to study the use of AI-powered speech-to-text and speech recognition tools, with a focus on privacy, civil liberties and accuracy.

The panel would include federal judges, prosecutors, court clerks and other judicial experts and would be required to report its findings to Congress and the attorney general within 18 months.

Clear federal guidelines for AI use in U.S. courts have yet to be established, as broader concerns about the technology grow on Capitol Hill. Last year, Reuters reported that two federal judges withdrew rulings in separate cases after lawyers flagged factual inaccuracies and other serious errors. In one New Jersey case, a draft decision that included AI-generated research was mistakenly posted to the public docket before undergoing review, according to the report. In response to questions from Senate Judiciary Chair Chuck Grassley (R-Iowa), the judges attributed the snafus to court staffers using generative AI tools for drafting and research.

“As the Senate’s only former public defender, I know it firsthand: Court reporters and captioners are irreplaceable,” Welch said in a statement. “When it comes to the use of AI in the courtroom, there are still substantial privacy and civil liberty concerns that need to be addressed.” Wicker said. “Ensuring accuracy is critical to fair justice.”

Technology-related privacy and civil rights concerns are currently top of mind for lawmakers in Congress, as Speaker Mike Johnson seeks to put an 18-month extension of Section 702 of the Foreign Intelligence Surveillance Act on the House floor next week.

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