Artificial intelligence for judicial renaissance

If you have been involved in a legal case, then you must have heard expressions like these: Please negotiate rather than adjudicate. Twenty years of cry for justice, to no avail.  Oh! The case has been adjourned and deferred to another date for hearing. I did not receive my court summon, my right to a fair hearing has been sabotaged.  Why is the court process so laggard?  When will the court provide a full verdict of the decision? 

What if I tell you that Artificial Intelligence (AI) can actually help the judiciary reclaim its reputation.

What is AI?

AI is the ability of digital computers or computer controlled robots to perform tasks that are commonly associated with human beings and human intelligence. AI has the ability to reason, decipher codes, understand and give meaning to the word, summarize and provide conceptual analysis, learn from the past experiences and contrast the information. 

AI encompasses various technologies, including Automation, Machine Learning (ML), Machine Vision, Natural Language Processing (NLP), robotics, autonomous vehicles and generative AI. Automation uses technology to perform tasks with minimal human involvement. Machine Learning (ML) enables AI to learn from data and algorithms, gradually improving accuracy. Machine Vision allows machines to see and analyze visual information through cameras and digital processing whereas NLP enables computers to process human language, including tasks like text translation, sentiment analysis and speech recognition. Robotics focuses on tasks that are difficult or repetitive for humans to perform. Autonomous Vehicles use a combination of computer vision, image recognition and deep learning to navigate without human intervention whereas generative AI creates content, ranging from photorealistic art to text, emails and screenplays.

Covid-19 and after

The Covid-19 pandemic greatly challenged and disrupted the traditional working pattern of judiciary, which required ‘in-person’ proceedings. During the pandemic, either court systems were forced to temporarily shut down or to use alternative and innovative ways to conduct court proceedings. Also, Covid-19 raised an important question about accessibility of online justice to the indigent and marginalized communities of Nepal.

Access to justice

The citizens of Nepal feel detached from the court processes. Legal language being vague and technical, interferes in proper understanding of the court judgment. The need to be physically present despite the risks of natural disaster and absence of video conferencing or online dispute resolution modalities are some of the challenges. Translation of the landmark Supreme Court judgments, which largely affect constitutionally guaranteed fundamental rights and life of Nepali people, into national languages, are yet to materialize. Bulk hearing of cases after scrupulous categorization, one of the judiciary’s ambitious projects, is yet to commence. The processes of popularizing Supreme Court Application among the court users, facilitating online summons and effective court SMS system are moving at a sluggish pace. Manual decision writing, no transcribing technology, non-listing of complicated legal words, scarce digitized legal document templates, lack of disabled friendly court technology are the biggest deal breakers. Digital evidence portals and online digital storage facilities are lacking. Lastly, the government’s disproportionate budget distribution and paltry technical assistance to the judiciary are hindering digitalization of the justice process in Nepal.

Digitizing legal services

Digitalization of the judiciary’s service in Nepal is nowhere near the international standards, though the apex court has been working on its ICT master plan with the effectiveness of automated Digital Case Management System (DCMs). In 2017, it launched a ‘Supreme Court App’ that shows the status of ongoing cases, decisions on cases and procedural progress. The fifth Supreme Court Action Plan proposes study of application of AI in case management and its application thereof. Also, Section 115 of the Supreme Court Regulations, 2074, provisions the formation of the Information Technology Committee, delegated authority to formulate policies regarding digitizing court services and monitoring its implementation. 

AI and judicial renaissance

A relatively small number of judges adjudicating over a large number of cases is the primary reason behind lengthy court proceedings. Despite a low ratio of judges to a high volume of cases, little has improved over a long period of time. Here are the innovative ways in which AI can revolutionize Nepal’s judiciary and swift access to justice.

• Digitization of legal documents: Digitizing court judgments, legal proceedings, deed documents, pleadings brief and contracts are tasks that Artificial Legal Intelligence (LI) can perform.
• Data visualization and analysis: The Supreme Court can explore and experiment with legal AI to visualize, identify patterns, diversify and analyze legal judgments, identify precedential value of decision, whether precedent (Najir) is binding or persuasive, whether the precedent is still upheld or quashed by a new precedent.
• Legal document design: The design-pattern concept can help the judiciary to develop legal documents in the format that is easy to read, non-ambiguous and understood by the lay reader. 
• Case flow management: AI can be deployed to track the progress of cases. It helps in reducing delays in administrative process, quick disposal of small claim matters, refers matters to Alternative Dispute Resolution (ADR) processes and also monitors the effective execution of court judgments and judicial orders. 
• Access to legal justice: The technology-based legal processes known as ‘e-courts’ can maximize the participation of vulnerable sections to participate in judicial trials. AI-facilitated Online Consumer Mediation Centre can be applied in family law, and other civil law processes. 
• Access to legal data: IT-enabled AI and AI-supported Legal Intelligence (LI) can facilitate wider public access to legal data. Timely updates on progress in pending cases save time and money as service-seekers don’t have to visit courts frequently. 
• Applications in LI: Algorithms can play a major role in predictive analysis such as granting of bail and other discretionary elements such as parole or probation. 
• Legal information retrieval: AI can help to pinpoint legal catch phrases, which are effective in retrieving legal documents; for example judgments, case law, acts, testimonies.
• Smart legal contracts: The requirement for notarization, registration and verification of contractual documents for administrative and judicial purposes can be avoided with the introduction of smart contracts. Block-chain technology can be used to develop the framework for smart contracts and its effective implementation through online processes. 
• Chatbots: Developing an AI-assisted legal Chatbot, which answers the basic legal queries of people and provides probable legal solutions, can bolster the legal literacy and solution in Nepal at the micro level.
• Robot judges: The use of robot judges in place of the human is already being tested in the EU for smaller adjudications, and in the UK for parking ticket fines. Robot judges can be effective in matters where only the logical rational approach is necessary and procedural fairness requirements do not arise. For example, robot judges can be used in cases of cheque bounce.
• Automated dispute resolution (ADR): The ADR system refers to the use of an expert system and other advanced algorithmic tools to rule on a conflict. In commercial matters with win-win solutions involving high costs, ADR comes handy.
• Online dispute resolution: Judiciary can create online mediation or arbitration room and shift alternative dispute resolution processes such as mediation and arbitration to the digital platform.
• Routing legal tasks: AI can route administrative tasks such as case registration, Myad Tameli, Tarekh, case categorization, court fees computation, evidence and information dissemination, decision implementation, appeal application, and compensation regulations through its automated system.
• Legal research: Legal AI allows officers, judges and legal researchers to access world dockets, literature and necessary legal materials. The Supreme Court has established “Shilu Singh e-Library”, which allows access to Lexis Nexis, the legal AI.

Vigilance and AI

Despite its advantageous nature, AI cannot be left un-assisted. Interface of empathy and AI to safeguard the principle of natural justice and human rights can never be compromised. Data infringements and hacking of data can mislead the actions of AI, so a mechanism to prevent tampering of digital data and evidence is a must. AI for assisting the judiciary for a swift and hassles-free justice process is welcome, but it should not have a free rein.   

The author is a section officer at the Supreme Court of Nepal