Source: KARK

KARK reports that the Arkansas Supreme Court has formally adopted Administrative Order No. 25, establishing new rules governing the use of artificial intelligence by attorneys and court personnel. The order, which follows a comment period that began in June 2025, requires anyone participating in the court system to be mindful of data privacy when using generative AI tools. Specifically, attorneys must verify whether the AI systems they use retain confidential or sealed information to build their databases. This move comes as the court seeks to protect sensitive client and case data from inadvertent disclosure through public Large Language Models (LLMs).

During oral arguments on December 11, 2025, justices questioned an attorney regarding his use of AI in preparing a brief, highlighting the judiciary's increasing scrutiny of the technology. The new order mandates that legal professionals must determine if an AI tool is a "public" system that learns from inputs or a "private" one with data safeguards. Failure to protect confidential information could result in violations of the Arkansas Rules of Professional Conduct and other statutes limiting access to court records. The order also creates a mechanism for the court's Automation Committee to approve research projects related to AI use in the justice system.