Judicial Competence and AI

This chapter explores the implications of AI for human judges through the lens of judicial professional competence. It draws on Australasian experience to make two universal arguments: for including competence on the front bench of judicial regulatory values, and for embedding digital literacy in the definition and pursuit of judicial competence. There is a deep-rooted, but increasingly problematic, assumption in common law jurisdictions that judges emerge ready-made from the ranks of senior lawyers. The breadth and complexity of potential judicial engagement with AI poses a profound challenge to this assumption. Even in ‘career’ judiciaries, traditional markers of competence for judicial work do not reliably translate to competence for AI. While other dimensions of modern judicial competence, like cross-cultural skills, may be seen to raise similar concerns, AI-related risks and opportunities are proving unique in the speed at which they emerge and evolve. There is an urgent need for more open discussion about equipping future (and current) judicial cohorts to meet this challenge.