Could artificial intelligence help to lighten a crushing backlog in New Jersey’s court system? That was one of the questions that New Jersey Supreme Court Chief Justice Stuart Rabner brought up during his 2026 state of the judiciary address.
Rabner touched on the hot-button issue Friday at the annual New Jersey State Bar Association meeting and convention, noting that artificial intelligence (AI) could boost efficiency – but it also comes with challenges.
According to the chief justice, New Jersey has issued guidelines about the responsible use of AI by attorneys. The judiciary has also encouraged lawyers and firms to adopt internal policies.
“At the same time, widespread attention has been drawn to individual cases in which lawyers have not used AI in a responsible way,” Rabner said.
In January 2024, the judiciary issued a bar notice to lawyers in New Jersey, reporting that some attorneys improperly relied on AI technology to generate content – including references to fake case law – that was submitted to the courts.
Other issues have received less attention, like the effect of AI on the type and complexity of disputes now being presented, Rabner said Friday.
“Years ago, for example, a self-represented litigant might have filed a two-count complaint with the court,” Rabner said. “Today, with help from AI, the same complaint may well have 15 counts prepared in minutes with the press of a button.”
“Multiply that by thousands to appreciate how much more time and attention judges must devote to resolve those cases each calendar year,” he said.
According to a court notice from March 30, artificial intelligence is becoming more common in the law industry, where it is used in research, drafting, document review and case management. Many commonly used platforms now include embedded or background AI features that may not always be obvious to users.
According to court guidance issued in 2024, human oversight will play a crucial role in regulating the rapidly developing industry of artificial intelligence:
“AI improves by repeatedly trying and learning. It is crucial to continually test it with different types of information. It also is important to recognize that AI makes mistakes, including misclassifications, biases, and ‘hallucinations,’ and is a tool that requires human oversight and review… Humans make decisions on how AI operates, what it looks for, and what is important in the data. To validate AI applications and outputs, court systems may look to individuals who can explain how the particular AI is configured, whether it is functioning accurately and help the system discern whether it was trained properly.”
Some questions that judges, lawyers and court leaders should be asking about artificial intelligence include:
JUDICIAL VACANCIES REDUCED IN NJ
Rabner also gave an update about the state’s shortage of judges on Friday – and the news is good.
“Last year at this time, there were 52 vacancies,” he reported. “Today there are only 19 – just slightly higher than the 11 vacancies in early January.”
“As the newest judges undergo training, they are also hard at work with their colleagues trying to reduce backlog, which has grown in recent years,” Rabner said.
“With the help of lawyers throughout the state, we will continue to focus on that issue in each vicinage in the year ahead,” the chief justice added.
In 2023, a lack of judges caused civil and matrimonial trials to come to a grinding halt in Somerset County.
A court administrator in Bergen County said the situation was dire. “We are no longer headed toward a crisis – we are in the middle of one,” he said in remarks before the state Assembly Budget Committee.
Other highlights from Rabner’s state of the judiciary address included:
MERITS BRIEFING – “During the past year, the Supreme Court adopted ‘merits briefing’ – a new approach to briefing cases the Court has accepted for argument. Under the prior system, parties submitted a brief as part of a petition for certification or motion for leave to appeal. Once the appeal had been granted, they had to file a motion for leave to submit a merits brief, which could lead to extensions and delays. The new model creates a standard schedule for all participants. Parties to an appeal are now allowed to submit a single, 50-page brief on the merits. Amici, who don’t have to recount the facts or outline the procedural history, can submit a 30-page brief. And under the new court rules, all briefing is to be completed within 94 days. The overall aim is to help litigants, the public, and the Court. Parties should no longer think they need to cram all their arguments into a petition or cross-reference materials in their appellate briefs. They can also reframe arguments if the emphasis has shifted during litigation. Amici have straightforward guidance on both legal issues and timing. And the public will be better able to follow the arguments.”
GUARDIANSHIP MONITORING – “Let me also update you on a project the Judiciary embarked on a dozen years ago. In response to the large number of matters in which judges appoint legal guardians, the Judiciary developed the Guardianship Monitoring Program. The title of the initiative captures its essence: to monitor the work of court-appointed guardians in order to protect the vulnerable individuals they serve. Judges appoint guardians to help people who are incapacitated and cannot manage their own affairs. Guardians are entrusted with enormous power. They make important personal decisions, including choices about medical care and where a person will live. They also have complete control over a person’s assets and take actions that range from paying bills to making financial and investment decisions. Today, there are more than 37,000 guardianships in place in our State, and guardians oversee more than $1.2 billion in reported assets. Most legal guardians, by far, are loving family members and honest professionals. But that’s not always the case. In New Jersey and throughout the nation, there have been too many reported cases over the years of guardians who commit acts of abuse and fraud. And as the population ages and more people suffer from Alzheimer’s disease and various disabilities, the number of legal guardians steadily increases. As a result, in 2013, the Judiciary announced a statewide initiative. We asked for volunteers to work with the court system and help monitor the work of legal guardians. Guardians are required to file annual reports with the Surrogate’s Office. We enlisted and trained volunteers to review those reports with care each year. We asked volunteers to look out for potential problems and report what they see. Judiciary staff, in turn, relay problematic information to judges who can bring guardians into court, possibly replace them, and, in rare instances, report a matter to the prosecutor’s office. Today, 70 active volunteers give their time and skill toward this effort. They have identified and escalated concerns that might require follow-up action, such as inappropriate or unexplained disbursements. The program, though, is not designed simply to uncover problems; it’s also meant to deter people from misconduct because they know someone is monitoring their work.”
Watch Rabner’s May 15 speech below, or view it online here.
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