Blog · Opinion · 31 October 2026

We already have AI judges, but not at the top courts yet

Lawyers on both sides already run their arguments through AI, and judges are catching up. The replacement started where the stakes are small, and I think the backlog pushes it the rest of the way.

Lawyers on both sides already run their arguments through AI, and judges are catching up. More than 60% of the federal judges who answered a Northwestern survey said they've used an AI tool in their work, though fewer than a quarter use one weekly [1]. Los Angeles County Superior Court has been piloting Learned Hand since early 2026, a tool that drafts tentative rulings the judge then reviews and edits before adopting them [2] [3].

Where it started

The real replacement started where the stakes are small. ADR Chambers launched aiADR in Toronto in August, an AI arbitrator for small-dollar disputes that makes the findings and reaches the decision, with a human arbitrator reviewing the award [4]. Singapore's Small Claims Tribunals already give their magistrates a tool built with Harvey that summarises both sides' cases [5]. In 2021 the UK's Master of the Rolls said claims under £500 should go to mandatory mediation and then be decided by a judge on the papers [6], and if a judge decides from documents without hearing anyone, a model reading the same documents is a cheaper judge.

The order I think it comes in

So my guess is small claims and arbitration first, which is happening now. Then civil cases decided on the papers. Then sentencing recommendations, with a human signing. Then, a long way later, a model giving a sentence from video, location data and the evidence, with nobody signing.

I'm not sure we should want that last step, but I think it comes anyway, because the backlog is what pushes all of this, and a court that takes two years to hear you is already failing.

Would you opt into an AI arbitrator for your own dispute?

References

Read on 31 October 2026.

  1. [1]Northwestern University McCormick School of Engineering, "Federal judges report broad adoption of AI tools", 31 March 2026. Daniel Linna and V.S. Subrahmanian's survey, with Judge Xavier Rodriguez: 112 of 502 sampled federal judges answered, more than 60% had used at least one AI tool in their judicial work, and 22.4% use one weekly or daily. mccormick.northwestern.edu
  2. [2]Los Angeles Times, "AI pilot program in L.A. County courts will help judges craft rulings in some cases", syndicated by AOL, 2026. Source for six civil judges having access, the tool drafting tentative rulings that judges must review and edit before adopting them, civil motions only and no criminal courts. aol.com
  3. [3]Intelligent CIO, "Learned Hand partners with Los Angeles Superior Court to pilot AI for judicial efficiency", 18 March 2026. Source for the partnership and the presiding judge's "judges will make final decisions". intelligentcio.com
  4. [4]ADR Chambers, "ADR Chambers Launches aiADR, a Faster, Lower-Cost Arbitration Platform for Small-Dollar Disputes", Toronto, 4 August 2026. Source for the aiADR Arbitrator making findings and reaching a decision, and a human arbitrator reviewing the award. smb.cloverdalereporter.com
  5. [5]Singapore Judiciary, "New generative AI-powered case summarisation tool to help Small Claims Tribunals users", 10 September 2025. Source for the tool built with Harvey (an MOU since August 2023, renewed in September 2025), which summarises each side's case for Tribunal Magistrates and, from November 2025, people representing themselves, without giving legal advice. judiciary.gov.sg
  6. [6]Legal Futures, "AI-powered bots could resolve simple disputes, says MR", 1 November 2021. Source for Sir Geoffrey Vos saying claims under £500 should go to mandatory mediation and then be decided by a judge on the papers, and predicting AI bots resolving simple disputes. legalfutures.co.uk

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