Chief Justice Jensen: remote hearings save time but AI filings pose new vetting challenges
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Summary
Jensen told the Legal Services Corporation podcast that remote proceedings have saved time and resources but can reduce courtroom relationships and training; he warned courts are seeing an increase in AI‑generated filings from self‑represented litigants, creating volume and credibility challenges.
Ron Flagg asked Chief Justice Stephen Jensen how courts should balance technology’s promise with its limits. Jensen said remote proceedings ‘‘are time savers, money savers’’ and can reduce transport burdens and safety risks, but they also carry trade‑offs: diminished in‑person interactions, missed on‑the‑job training for young lawyers, and occasional losses in courtroom professionalism.
Jensen said South Dakota judges generally prefer in‑person evidentiary hearings where witness credibility and exhibit presentation are central, while routine matters may be handled remotely. He added that courtrooms are better equipped for remote proceedings than in the immediate pandemic period, but rules and training are still evolving.
On artificial intelligence, Jensen said high‑profile instances of AI generating fake citations are known and that courts are seeing ‘‘a lot of AI generated filings from self represented litigants.’’ He cautioned that increased volume from AI filings presents challenges for judges and court staff who must identify substantive arguments and ‘‘find the nuggets’’ among large quantities of material.
Host Ron Flagg agreed on the promise of AI but warned that more than 90% of low‑income people with civil legal problems lack help today; both speakers said AI could be a resource if reliability and access barriers are addressed.
The transcript does not offer specific policy changes or technical standards for AI vetting; Jensen emphasized continued staff training and rule development as part of the response.
