ORDER 36 – USE OF GENERATIVE ARTIFICIAL INTELLIGENCE

Section 1. Policy.

The North Dakota Court System authorizes the use of generative artificial intelligence (GenAI) products to support official work functions. GenAI use must be responsible, accurate, and consistent with the protection of privacy and the integrity of court operations. Court employees may use GenAI products only in accordance with this policy and all applicable court rules and policies. 

(a) Authorized and Licensed AI Products. Only GenAI products that have been licensed or approved for use by the court may be used for court business.

(b) Responsibility for Content and Accuracy. Users are responsible for the content of documents, communications, and records produced through GenAI and must take reasonable steps, including thorough review and editing, to ensure accuracy, completeness, and appropriateness.

(c) Use of GenAI products that use an open-box model. GenAI products that use an open-box model may be used only for tasks involving non-restricted, non-confidential, and non-exempt information.

(d) Use of GenAI products that use a closed-box model. Tasks that involve the use of court case-specific, confidential, exempt or restricted information can only be conducted with a GenAI product that uses a closed-box model.

(e) Application of Rules. The Rules of Professional Conduct, the Code of Judicial Conduct and the North Dakota Court System Code of Conduct (Policy 110) apply fully to the use of GenAI products.

(f) Comply with court policies. Users must comply with all applicable court policies including the authorized use and standards of conduct sections of Policy 121 – Electronic Communication Devices.

Section 2. Definitions.

(a) Generative Artificial Intelligence product: For purposes of this policy, a GenAI product is a software product whose key feature is an AI model that transforms inputs to create novel outputs based on user-provided instructions or data, rather than simply retrieving or ranking existing content.

(b) Open-Box Generative AI Model: For purposes of this policy, an “open-box” GenAI model is a system in which user inputs or outputs may be stored, retained, reused, or incorporated into model training, analytics, or third-party services outside the control of the North Dakota Court System.

(c) Closed-Box Generative AI Model: For purposes of this policy, a “closed-box” GenAI model is a system that, by contract or configuration, does not retain, reuse, or incorporate user inputs or outputs for model training or third-party purposes and provides data handling protections consistent with court confidentiality, security, and records requirements.

Section 3. Appendix. The purpose of this appendix is to provide examples of ways to use GenAI products. It is not intended to be an exclusive list.

(a) Draft meeting minutes, correspondence and reports

(b) Organize notes

(c) Summarize documents

(d) Outline projects

(e) Create job interview questions

(f) Check grammar and coherency

(g) Improve non-legal research and information gathering

(h) Organize data 

(i) Draft emails

(j) Conduct initial legal research and summarize findings

(k) Create initial drafts of legal documents

(l) Create training modules and training documents

(m) Automate workflow to move information or documents between staff

(n) Create an initial translation of documents into targeted languages