# We already have AI judges, but not at the top courts yet (slim)

> Vlad Cealicu on where AI already decides disputes or drafts rulings, from AI-led arbitration and paper-only small claims to a Los Angeles pilot, and the order he thinks the rest follows in, up to a sentence with nobody signing it.

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By Vlad Cealicu, 31 October 2026. 752 words, about 3 min to read.

Lawyers on both sides already run their arguments through AI, and judges are catching up.

Estonia never had a robot judge, whatever you've read (its justice ministry said in 2022 that the 2019 story was misleading and there was never such a project) [[4]](#ref-4), and China's Supreme People's Court says AI "shall not make judicial decision substituting for the judge in any case" [[5]](#ref-5).

## Where it started

The real replacement started where the stakes are small, with both sides agreeing to it and a human still signing.

## The order I think it comes in

From small claims to nobody signing

1. **Small claims and arbitration** (happening now). The AI writes the decision and a person signs it, when both sides agree [[6]](#ref-6) [[8]](#ref-8)
2. **Civil cases decided on the papers** (starting). England and Wales want judges to decide small claims from documents alone [[10]](#ref-10)
3. **Sentences drafted by a model** (a judge signs). Risk scores are already used, as long as they don't decide [[14]](#ref-14)
4. **A sentence with nobody signing** (not allowed anywhere yet). Every rulebook says no today [[5]](#ref-5) [[15]](#ref-15)

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 [[17]](#ref-17) [[18]](#ref-18).

- 33.7: months, the median from filing to trial for a civil case in US federal courts
- 125,478: US federal civil cases waiting more than three years
- 80,829: open cases in the Crown Court in England and Wales, the most on record

How long the wait is now

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

---

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## References

Read on 31 October 2026.

[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.

[2] Robert J.

[3] Los Angeles Times, "AI pilot program in L.A. County courts will help judges craft rulings in some cases", syndicated by AOL, March 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.

[4] Estonia's Ministry of Justice and Digital Affairs, "Estonia does not develop AI Judge", 16 February 2022. Source for the ministry calling the 2019 reports misleading and saying there was no such project or ambition.

[5] Supreme People's Court of China, Opinions on Regulating and Strengthening the Applications of Artificial Intelligence in the Judicial Field, 8 December 2022, in China Justice Observer's English translation.

[6] American Arbitration Association, "AI Led Arbitration Rules", amended 2026. Source for two-party disputes on the AAA's online platform, the parties agreeing to the AI arbitrator making a preliminary decision, and the human arbitrator who can approve, edit or rewrite any part of the draft award.

[7] American Arbitration Association, "AI Arbitrator FAQ", 13 October 2025. Source for documents-only construction cases, every award staying the human arbitrator's, and testing showing resolution 20 to 25% faster and costs at least 35% lower.

[8] ADR Chambers, "ADR Chambers Launches aiADR, a Faster, Lower-Cost Arbitration Platform for Small-Dollar Disputes", Toronto, 4 August 2026, a syndicated press release.

[9] 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, which summarises each side's case for Tribunal Magistrates and, from November 2025, people representing themselves, without giving legal advice.

[10] Civil Procedure Rule Committee, cover note to the consultation on small claims determined on paper, May 2026. Source for the proposal to let judges decide small claims on paper without the consent of all parties, after the PD51ZC pilot.

[11] DAC Beachcroft, "Consultation begins on proposals for more final determinations without trial", 19 May 2026. Source for the pilot running in six court centres from June 2022 and about 86% of the cases decided on paper being airline or parking matters.

[12] Baden-Württemberg Ministry of Justice, press release on using AI for the diesel cases, 24 October 2022. Source for the Stuttgart Higher Regional Court's 13,384 pending diesel cases on 30 September 2022, the tool sorting them, and the judges checking and deciding.

[13] Local Government Lawyer, "Routine judicial decision-making will be informed or directed by machines, Master of the Rolls says", 6 May 2026, on Sir Geoffrey Vos's speech to the Judicial Institute for Scotland on 30 April 2026. Source for the three quoted lines.

[14] Harvard Law Review, "State v.

[15] Ámbito Jurídico, "ABC" of Colombia's Constitutional Court ruling T-323 of 2024. Source for the judge having decided before using ChatGPT, and the court holding that AI can't replace the judge's reasoning, weighing of evidence or decision.

[16] Legal Cheek, "Public likely to accept AI-made decisions in time, says top judge", 24 August 2026, on Sir Geoffrey Vos's John Lehane Memorial Lecture in Sydney.

[17] United States Courts, National Judicial Caseload Profile, 12 months ending 30 June 2026. Source for the 33.7-month median from filing to trial in civil cases and the 125,478 civil cases over three years old.

[18] Ministry of Justice, "Criminal court statistics quarterly, April to June 2026", 24 September 2026. Source for the Crown Court's 80,829 open cases at the end of June 2026, the highest on record.
