Ohio Justices Allow Courts to Use AI for Some Interpretations

The Ohio Supreme Court approved new rules allowing the use of artificial intelligence for some translation of court information but barred it for more substantive uses.

The new rules prohibit court officials from using AI to translate or interpret “substantive legal writings” like legal forms, orders, or documents listing probation conditions. Officials also can’t use AI to interpret “any substantive legal proceeding, case, or court function,” be it for listening or closed captions. The rules went into effect Nov. 13 following their adoption last month and were publicly noted by the court on Tuesday.

“The use of artificial intelligence oral interpretation is subject to error, misrepresentation, breach of privacy, and may cause harm to the individual who receives the information in the foreign language, or when the court receives the information in English,” commentary that accompanies the rules says. “By using artificial intelligence oral interpretation, the output may jeopardize the litigant’s constitutional or civil rights.”

However, courts can use AI to translate “non-substantive, non-legal writings” that don’t implicate a party’s rights, if its use is disclosed and notes that it may contain errors. The justices site chatbots, websites, signs, and documents with hours or office locations as potential uses. Courts should use a qualified translator or native speaker to review such items “when possible,” the rules say.

The court earlier this year announced the AI rules as a proposal in a larger package aimed at addressing a demand for interpreters in Ohio courtrooms. Ohio courts have 275 interpreters on hand as of October, though some dialects have as few as one proficient person.

The rules also update requirements for interpreter certification and registration, how they’re appointed by courts, and continuing education.