New York courts: interim AI policy and Part 161

What happened

On October 10, 2025 Chief Administrative Judge Joseph A. Zayas announced an interim policy on the use of artificial intelligence across the New York State Unified Court System. The policy, effective October 2025, applies to "all judges and nonjudicial employees of the UCS." Its terms include:

• use of only those generative AI products approved by the court system's Division of Technology and Court Research, listed in an appendix that names Microsoft Azure AI Services, Microsoft 365 Copilot Chat, GitHub Copilot and Trados Studio
• no input of information that is confidential, private or privileged, or that includes personally identifiable information, into a program that does not operate on a private model
• initial and continuing AI training for judges and staff with computer access
• thorough review of any content a program produces
• a requirement that tools "are never actually engaged in the decisionmaking tasks a judge is ethically obligated to perform"

The court system's Advisory Committee on Artificial Intelligence and the Courts followed with an annual report in December 2025, which the New York Daily Record reports included ethics recommendations for judges and judicial staff.

What was issued or decided

By Administrative Order AO/75/2026, dated March 25, 2026, the Chief Administrative Judge adopted Part 161 of the Rules of the Chief Administrator, "Use of Artificial Intelligence Technology," effective June 1, 2026. Section 161.3 states:

"It is the policy of the Unified Court System that the use by attorneys and parties of artificial intelligence tools in preparing papers submitted to a court should not be prohibited, as long as such use is in accordance with the duties and responsibilities that apply to individuals who submit papers to a court."

Part 161 does not require disclosure of AI use. It sets out a model rule, in an appendix, that individual courts may adopt. Under the model rule a submitting attorney or party reviews the paper for fabricated or fictitious cases, statutes or other material and certifies that review on submission. The definition of "papers" in section 161.2(b) excludes evidence: "This definition does not include materials constituting or proffered as evidence in the case, as such materials, and the use of AI technology in relation thereto, are subject to separate considerations and requirements."

Where it stands

Part 161 has been in effect since June 1, 2026. Individual courts and judges may adopt the model rule. The October 2025 announcement described the interim policy for judges and staff as subject to revision as the technology develops. Because Part 161 excludes material offered as evidence, it does not by its terms govern an expert's report or an expert affidavit submitted as evidence.

How it maps to the Standard

The interim policy's rules for judges map closely onto the Standard. The approved-tools list and the bar on confidential input correspond to Clause 6, custody and confidentiality. The ban on tools performing decisionmaking tasks corresponds to Clause 2, non-delegation, applied to the judge.

Part 161's model rule corresponds to Clause 3, independent authority: the person who signs checks that every authority exists. Its express carve-out for evidence leaves the expert's use of AI to other rules and to the court's discretion. An expert in a New York matter should not read the absence of a disclosure requirement for briefs as settling the question for expert evidence. Clause 8 directs the expert to the order and engagement that govern the particular case.

Sources

• New York State Unified Court System · March 25, 2026
  Administrative Order AO/75/2026 (Part 161, Use of Artificial Intelligence Technology)
• New York State Unified Court System · October 2025
  Interim Policy on the Use of Artificial Intelligence
• New York State Unified Court System · October 10, 2025
  Chief Administrative Judge Zayas Unveils Policy for AI Use Across All New York State Court System Functions and Devices
• New York State Bar Association · June 2, 2026
  Effective June 1, 2026, The New York State Unified Court System Has Adopted a New Rule Regarding the Use of Artificial Intelligence

What could not be confirmed

The fetched text of AO/75/2026 did not show the signatory's name; it is signed by the Chief Administrative Judge, who was Joseph A. Zayas when the October 2025 policy issued. The December 2025 advisory committee report was not opened; it is described from the New York Daily Record.