eDiscovery Daily Blog

• July 10, 2025

AI in the Courtroom: Insights from Judge Braswell | Masters Conference: Denver June 24, 2025 |  Article by Sheila Sadaghiani

At the Masters Conference in Denver, Co on June 24^th, Judge Maritza Dominguez Braswell laid out a powerful framework for how courts are grappling with AI today. Judges are no longer on the sidelines, they’re gatekeepers, educators, and even users of AI tools. And the questions they’re asking today will shape the law for years to come.

Let’s be honest, many of us can’t help but roll our eyes when AI comes up (again). It’s not that it’s unimportant, quite the opposite. AI is a game-changer. But at this point, it’s everywhere: panels, webinars, conferences, articles…and yet, we’re still seeing more talk than real-world action.

I almost skipped this session, thinking, what could I possibly hear about AI that I haven’t already heard? Then my second thought was, well, I haven’t heard it from a judge. And Judge Braswell did not let us down. When she wrapped up her talk, the person behind me said exactly what I was thinking: “Wow, this was the best session!”

What made this discussion stand out is that it wasn’t centered on the usual “here’s a new tool” or “you need to catch up” narrative. Instead, it felt grounded in real-life impact and human responsibility. Judge Braswell didn’t talk at us about AI, she walked us through how it’s already reshaping courtroom decisions, legal ethics, and day-to-day operations. She reminded us that it’s up to us, judges, lawyers, and professionals to shape how AI is used, not just react to it. It felt less like hype and more like a thoughtful, honest conversation about what’s actually happening, what’s at stake, and how we move forward with intention.

Simple answer? Just start.

• Draft a basic AI policy. Build from there.
• Appoint an “AI Committee” to guide your team.
• Encourage responsible use.
• Try AI in your everyday life: make a grocery list, plan a trip, rewrite a tough email.

For me, AI is like a super-smart, non-judgy best friend. It sharpens my thoughts, challenges my blind spots, and makes me better at what I already do.

Here’s the truth: If you’re worried AI might replace jobs, consider this; those who learn to use it will replace those who don’t. Judge Braswell delivered some great insights, relying a framework developed by the Federal Judicial Center:

1. Judges as Evidentiary Gatekeepers

Key Insight: AI-generated content is creating deep uncertainty around what’s real. Judges must now determine what evidence is trustworthy, without clear precedent on deepfakes.

• Deepfakes are top of mind for some judges.
• Thomson Reuters + NCSC offer tools to categorize AI evidence: acknowledged vs. unacknowledged.
• Maura Grossman has offered the following 3-part inquiry to help surface a potential unacknowledged AI issue:
  1. Is it too good to be true?
  2. Has the source disappeared?
  3. Is the explanation for its absence overly complex?
• Judges are relying on gut instinct, legal experience, and honesty from professionals.

2. Judges as AI Communicators

Key Insight: Judges must now explain AI to lawyers, jurors, and the public, relying heavily on the legal community for clarity.

• Clear jury instructions and simplified language are essential.
• Experienced and knowledgeable lawyers, eDiscovery experts, and paralegals are more vital than ever.
• Communication shapes understanding, and outcomes in court.

3. Judges as Guardians of the Law

Key Insight: In the absence of sweeping AI laws, judges and legal professionals are the ones building the rules.

• Balancing legal precedent with emerging AI innovation is tricky.
• Example: Amazon’s AI hiring tool prioritized male resumes, a red flag.
• The courts will help define what should be done with AI, not just what can be done.

4. Judges as AI Users

Key Insight: Judges are cautiously testing AI tools in their own workflows, with strong guardrails.

• AI is helping streamline court tasks (seen in Florida, Texas).
• Ethical dilemmas arise. For example, what considerations come into play when AI avatars speak for victims?
• Other uses: a judge entered a crime scene simulation using VR, in Arizona AI avatars explain rulings.

Judge Braswell’s Framework When Using GenAI:

• Inputs: What info is going into the system? Is it confidential, protected, otherwise problematic to upload/ disclose/use for training data, etc.
• Outputs: What info is coming out of the system? Does it appear laden with bias, hallucination/etc.
• Use: How will this be used? Low risk or high risk? Low risk example- back and forth w/ LLM for brainstorming. High risk example- unverified reliance in work product.

5. Resources & Education for Judges

Key Insight: Judicial education is still catching up, but collaboration is key.

• Judges lean on bench cards, frameworks, and peer discussions.
• Sedona Conference offers a helpful 8-page AI judicial guide.
• Judicial conferences and ongoing education

6. The Role of Case Law in AI

Key Insight: Every AI-related case builds the legal AI playbook.
Lawyers educating the bench today are writing tomorrow’s rules.

7. AI in Public Institutions

Key Insight: Courts, DAs, and police are already leveraging AI for real results.

• San Francisco City Attorney used AI to clean up outdated/duplicative requirements in municipal code, manually impossible.
• Police in Oklahoma and other states using AI to generate reports from bodycam footage.

8. Forecast: 2025–2028

Key Insight: We’re moving from personal use to full-on transformation.

• 2024: AI use was personal, quiet, and behind the scenes.
• 2025: Companies are starting to learn. AI committees are forming.
• 2026: Governance structures and policies start solidifying.
• 2027–28: Roles are reinvented. Legal workflows are redesigned, not just automated.

9. Recommendations for Legal Leaders

Key Insight: It’s not about layering AI on top of existing frameworks and systems. It’s about reimagining how services are delivered, and work gets done.

Start here:

• Form cross-functional AI committees.
• Write and update your AI policies.
• Encourage honest, cross-generational dialogue.

10. Advice for Legal Professionals

Key Insight: Learn by doing. Stay transparent. Stay curious.

• You don’t need to be technical, just thoughtful, curious, and responsible.
• Soft skills, emotional intelligence, and communication still matter most.

Final Thought

Judge Braswell said it best: AI can enhance what we do if we approach it ethically, and with an open mind.

This isn’t a call to fear. It’s a call to lead.