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15 St. Mary's J. on Legal Malpractice & Ethics 2 (2025)

handle is hein.journals/smjmale15 and id is 1 raw text is: ARTICLE Davis G. Yee Artificial Intelligence: An Impetus to Amend the ABA Model Code of Judicial Conduct Abstract. Notwithstanding the increasing prevalence of artificial intelligence or Al in the legal field, Chief Justice Roberts recently predicted that human judges will be around for a while. The reason is that at this time, Al cannot perform judicial mental functions as well as human judges can in deciding cases. Yet, instead of having Al replace human judges, some have explored whether Al can be used to assist human judges with their adjudicative and administrative responsibilities. This Article focuses on a judge's ethical obligations when encountering Al on both sides of the bench. That is, what do judicial ethics call for when judges address AI-related issues raised by the parties or when judges voluntarily use Al as part of their adjudicative and administrative responsibilities? Before answering this question, the Article will address why the public and practitioners should even care about judicial ethics. It then explains the history and the structure of the ABA Model Code of Judicial Conduct. It concludes by identifying one area in which this Model Code could be amended with three recommendations. Author. Davis G. Yee is a federal administrative law judge. He is also an adjunct professor at the University of San Francisco School of Law. Yee served as a judicial clerk for the Honorable Charles Z. Smith of the Washington State Supreme Court and later as an Attorney-Adviser for the Honorable Peter J. Panuthos of the United States Tax Court. In both positions, Yee conducted legal research and helped draft orders and opinions. Additionally, Yee is the first and only two-time winner of the Warren E. Burger 2

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