The Spanish General Council of the Judiciary (Consejo General del Poder Judicial) has fined a judge €1,000 after he drafted a judgment using ChatGPT, according to Spanish media reports.
The disciplinary committee found that the judge, who serves on a provincial court (audiencia provincial), breached rules by sharing information obtained in the course of his duties outside official court channels. The committee considered that sharing such information constituted a disciplinary violation.
However, the committee did not impose a harsher penalty, such as a temporary suspension from duty. It reasoned that the judge had used the artificial intelligence as an assistive tool rather than as a replacement for judicial work.
Council's prior guidance
In a statement issued at its late-January meeting this year, the General Council of the Judiciary warned that artificial intelligence:
- must not be used for adjudication or the evaluation of facts and evidence, and
- must not be employed without "constant, real, conscious and effective human supervision."
The Council also stressed that courts may only use AI applications provided by the judicial system itself or applications that have received the Council's approval following prior review.
Why this matters
The decision highlights the challenge posed by generative AI tools such as ChatGPT in legal practice: while they can increase efficiency, they raise significant concerns about handling personal and procedural data and about transparency and legality in decision-making. The Council's measures aim to establish clear boundaries for the use of AI in courts so that procedural fairness and accountability are preserved.
Given the fine and the Council's guidance, further cases and regulatory developments are likely as the justice system adapts to these new technologies.
