Key insights:

• • • Accountability, not adoption, is the central governance challengeĚý— With many institutions using AI a variety of tasks, informal “shadow AI” use is expanding without consistent oversight.

    • Justice systems now face a parallel governance problem — They must find a way to regulate AI while using AI inside the institutions that enforce rights, while allowing responsible innovation that improves efficiency and access to justice.

    • AI needs to be integrated into broader justice reformĚý— Without strong data governance and clear boundaries between AI assistance and legal judgment, courts risk automating inefficiency, deepening inequities, and undermining public trust.

Even as AI governance frameworks remain mired in ongoing debate, justice systems are moving ahead with implementation. Courts and dispute resolution institutions are integrating AI into their operations to more efficiently digitize records and automate workflows.

This introduces the very real challenge of parallel governance. We must now determine not only how AI should be regulated, but how it operates within the very institutions responsible for enforcing rights.

And this intersection is no longer theoretical: Does AI governance strengthen fairness, preserve independence, and expand access — or does it undermine their very foundations?

From experimentation to embedded use

Across jurisdictions, AI is often framed as an administrative tool that can handle basic tasks such as transcription, translation, case triage, and more, as well as providing analytics to identify delays or inefficiencies.

These applications respond to real constraints, such as overburdened courts, limited resources, and persistent backlogs. Similarly, dispute resolution platforms are integrating AI to guide users through processes and structure negotiations.

However, this formal adoption tells only part of the story. AI is also entering justice systems informally. Judges, clerks, and lawyers are independently using general-purpose tools in their daily work, often without guidance, oversight, or a clear grasp of the tools’ implications for security, confidentiality, and discoverability. As one expert observed: “Shadow AI is already happening.”

The absence of governance does not prevent AI use; and, in fact, it may encourage misuse. This shadow AI simply pushes AI usage into unstructured and unmonitored areas — the risk then becomes not adoption itself, but uneven adoption that evolves beyond institutional control.

It’s no longer a question that justice systems need to engage with AI; however, that engagement has be done deliberately and in a way that allows governance frameworks to keep pace without constraining beneficial use.

While it’s no longer a question that justice systems need to engage with AI, that engagement has be done deliberately and in a way that allows governance frameworks to keep pace without constraining beneficial use.

Automating inefficiency?

Efficiency is often the entry point for AI in justice systems; but efficiency alone is not reform. And misapplied efficiency can often lead to its direct opposite: a scramble to repair broken systems or to plug technology and personnel gaps.

Many current AI initiatives remain isolated pilots — layered onto existing processes rather than integrated into broader institutional strategy. Without addressing underlying structural constraints like fragmented data, inconsistent procedures, and uneven infrastructure, AI risks automating inefficiency rather than resolving it. And without strong data governance, infrastructure, and institutional alignment, even well-designed AI tools will underperform or produce unreliable outcomes.

That means that efforts to tightly control AI deployment without addressing these foundational issues risk focusing on symptoms rather than the system itself. AI should not function as a parallel modernization effort; rather, it must align with broader justice system reform.

Clearly, the most consequential questions arise when AI tools begin to shape legal reasoning or outcomes. And while there is broad agreement that AI can support judicial work without replacing independent human judgment, in practice, however, the boundary between assistance and influence is not always clear.

Even administrative tools can shape decisions. Summaries may omit nuance, or suggested language can influence framing. Over time, reliance on system outputs can create subtle forms of dependency. In fact, this dynamic is compounded by what has been described as the myth of verification — the assumption that human oversight alone is sufficient. In reality, time constraints, cognitive bias, and limited technical fluency can make meaningful review difficult. And automation bias affects even experienced decision-makers.

Overall, these boundaries require deliberate definition. Left on their own, AI tools and their outputs will be shaped implicitly through practice rather than through principled governance.

Design determines outcome

Institutional capacity will determine how these dynamics play out because digital maturity varies widely across jurisdictions. Some courts operate advanced platforms, while others remain largely paper based. In lower-resource environments, infrastructure may not support even basic digitization. In more advanced systems, adoption may outpace governance.

Yet, one consistent challenge among all jurisdictions is reliance on external vendors. Without internal expertise, institutions risk adopting tools that meet technical requirements but fall short of rule-of-law standards, particularly in transparency, accountability, and data governance.

Justice systems are not neutral environments for technology adoption — they are the operational core of the rule of law.

Addressing this gap requires more than a procurement issue. It requires institutional literacy. Judges and administrators need a working understanding of how AI systems function, where risks arise, and how to evaluate them. Training efforts are underway, but scaling this capacity will take time. In the interim, governance gaps will persist and attempts to compensate for these gaps through overly rigid restrictions may limit adoption but do little to build the institutional capability required for effective oversight.

From adoption to accountability

Clearly, AI will not improve justice systems by default; rather its impact will be determined by institutional design, which includes clear boundaries on use, transparency around deployment, safeguards to protect independence, and mechanisms for oversight and accountability. It also requires alignment with broader justice system goals of efficiency, fairness, and accessibility.

Yet, justice systems are not neutral environments for technology adoption. They are the operational core of the rule of law. Their legitimacy depends on trust, which in turn requires accountability.

This makes the path forward not purely a technical one. It requires institutional self-assessment, alignment with human rights frameworks, and collaboration across policymakers, courts, technologists, and the public. The measure of success will not be the sophistication of the tools deployed, but whether they strengthen the system’s core functions of impartiality, accessibility, and trust.

AI tools can support those goals, of course, but only if they are designed into justice systems from the outset.

You can find other installments ofĚýour Scaling Justice blog series here

Key insights:

• • • AI as a design decision, not just a tech add-on — AI gives us a chance to rethink the “machinery of justice” and redesign it for today’s needs rather than simply automating existing systems and processes.

    • AI to expand access and usability, without replacing judgment — The most promising value is in reducing friction for litigants and helping people navigate the process.

    • Progress requires disciplined, court-by-court experimentation — We can start small, build AI literacy, set leadership tone, invite diverse perspectives, and address legal and ethical issues as design constraints, not deal-breakers.

Today, interest in AI across the judiciary is clearly growing, but most discussions are still constrained by certain fears:

• • • Fear that AI will replace human judgment — This concern is legitimate, but it focuses almost entirely on endpoints. Judging (and the systems around it) involve far more than final decisions. Focusing only on high-stakes endpoints misses much of what judges and courts do day-to-day.
    • Fear of hallucinations, errors, and bias — These are also legitimate fears, but there are ways to mitigate these risks, which are not new. The source may be different, but we have long needed to protect against errors, bias, and misstated law.
    • Fear of change — This is a difficult one to overcome, but a desire to protect the status quo sometimes presupposes that the system as it exists today is working exactly as it should. It isn’t. At least not for everyone.

I’d like to see the narrative shift from fear of AI in courts, to the possibilities of AI in courts. AI presents a rare opportunity to upgrade the machinery of justice.

Justice as machinery

Most of us were taught to think about justice as an outcome, something the system delivers. However, justice is also the machinery we use to deliver it, and that machinery is a set of design choices. Rules, procedures, forms, hearings, briefs — we crafted these frameworks to manage conflict and produce decisions that feel fair and legitimate. Like most frameworks, they reflect the era in which they were built.

Once we start thinking about justice as something to be designed rather than simply delivered, the access-to-justice problem looks different. The question is no longer how to get more of the current system to more people; rather, it’s whether the machinery itself is still fit for its purpose.

Reimagining the machinery

The machinery has been redesigned before. Justice was once deeply human because it had to be: Law lived in minds, judges traveled from town to town, decisions were announced aloud. That system was more human and personal, but it was limited, exclusionary, and fickle. It was dependent on local norms and personal relationships. It yielded uneven outcomes.

The first great upgrade was writing, and more importantly, the printing press. It brought stability and protected litigants from arbitrary local power. But it also entrenched a new kind of authority. Yet, understanding it required literacy, training, and expertise. A professional bar emerged and ordinary people were pushed further from the center of their own disputes. Then came the digital age. It optimized the process and made more information available. But many people feel overwhelmed by the deluge of information and experience modern justice as a series of obstacles.

Does AI present a different kind of opportunity? Could it deliver an upgrade that finally closes the gap rather than widens it? I’m optimistic that the answer is yes, but our design choices matter and we have to be willing to reimagine justice from the ground up.

What if every litigant had access to an AI agent that could help them navigate forms, understand the process, and translate legalese? What if AI could take messy human stories and translate them into structured information for the court? What if courts offered AI-assisted dispute resolution in the early stages of litigation or at key milestones during the litigation? Can AI make navigating the legal system feel less like data entry and more like a conversation?

We’re not ready for giant leaps, and we can’t ignore the open questions: Unauthorized practice of law issues, privilege and work product implications, the reliability of AI-assisted work product, and more — but these are not dead ends. They’re current design constraints to account for, and they shouldn’t keep us from reimagining what’s possible.

Where do we start?

The institution of justice will not be redesigned overnight, and there is no central authority to drive change. Rather, it will be redesigned court by court. The principles below apply broadly and reflect a starting point for thinking about AI as a design decision, not just a technology decision.

Set the tone from the topĚý

Fear can be paralyzing, and in courts it often is. If judges and court staff are afraid to experiment, nothing moves. We need environments in which thoughtful, controlled experimentation is encouraged and supported. When more people are engaged in testing ideas and thinking about how to improve their processes, the likelihood of meaningful innovation and redesign increases.

Court leadership can create that space by setting a vision, encouraging responsible experimentation, and supporting innovative mindsets.

Build AI literacy

Encouraging experimentation is an important first step, but it can create risk if not paired with the right training and education. AI requires new competencies in prompting, guardrail development, output verification, bias awareness, iteration, context framing, documentation for audibility, fit-for-purpose judgment, and more. As tools evolve, education should evolve, too. Agentic AI, for example, will require a different set of skills and a different type of supervision than we’re accustomed to now.

For more information about toolkits and resources around AI in courts, visit

Judges and court staff do not need to become technologists, but they need enough training and education to ask the right questions, spot the right issues, and use the tools responsibly.

Rethink the systems, not just the tools

This one is critical. Currently, most conversations about AI focus on use cases, such as whether AI can assist with research or automate certain workflows. These are good questions, but the tougher questions will lead to bigger rewards. Where are our pain points? What can we do better? Which policies and processes are essential, and which have never been re-examined? Which parts of the machinery were built for a different era and have outlived their usefulness? And perhaps most importantly, who is the system failing?

We shouldn’t start with the technology and look for places to apply it. We should start with the people we serve and ask how the technology can help us serve them better.

Invite diverse perspectives

The strongest ideas emerge from the push and pull of different viewpoints. Court leadership can form committees that bring together innovators and skeptics, technologists and traditionalists, those who are excited and those who are concerned. We also need perspectives across different court functions. AI is not something to hand off to IT departments. They are essential partners, but the questions AI raises go far beyond any one department.

Outside perspectives are helpful, too. Many people across the country are already approaching this work with a multidisciplinary lens, and courts can draw on that experience.

Finally, remember to start small

It’s easy to create so much process and deliberation that progress slows. We need concrete steps that move us forward, however incrementally. Start with policies and data governance, then move to small, targeted pilots that can address low-hanging fruit. Small adjustments can help teams become comfortable with change; and early wins build confidence and create momentum.

Closing thoughts

Justice has been redesigned before, and it is on the brink of being redesigned again. AI will reshape courts whether or not we participate. However, as the people who know the system from the inside and want it to work for everyone, we may be in the best position to guide the next upgrade. The chance to build something more equitable, more accessible, and better designed for today’s world does not come around often, let’s not miss it.

You can find more insights from Judge Braswell here

Key insights:

• • • AI augments judicial judgment without replacing it — Used thoughtfully it clarifies reasoning and improves access.

    • Strict guardrails are needed — These can include structured prompts, anonymized data, and rule-based outputs helps interrupt bias and maintain integrity.

    • Judges should lead — They can do this through peer learning and education, which fosters responsible use while preserving public trust.

The integration of AI in the judiciary is gaining momentum, offering a promising solution to the growing caseloads, access-to-justice gaps, and public trust challenges faced by courts across the United States. And as the judiciary explores the potential of AI, a crucial conversation is emerging — one that highlights the importance of responsible and thoughtful adoption.

A recent webinar, , presented by theĚý — a joint effort by the National Center for State CourtsĚý(NCSC) and the Thomson Reuters Institute (TRI) — shed light on the experiences of early adopters of generative AI (GenAI) in the judiciary. In the webinar, Prof. Amy Cyphert of West Virginia University and U.S. Magistrate Judge Maritza Dominguez Braswell of the District of Colorado shared their insights from their own use of AI, emphasizing the need for a deliberate and informed approach.

The role of AI in judicial decision-making

A common fear is that AI will somehow take over the position of final arbiter in court proceedings. However, judges are not interested in having AI displace their judgment; rather, they see AI as a tool that augments and helps advance justice, not a tool that replaces decision-making or human judgment.

Judges also are not rushing into AI use. Instead, they are approaching it with a deep commitment to responsible use and a desire to increase, not decrease, public trust. “Everybody on that spectrum — from ‘I’m just learning’ to ‘I want to be a power user’ — says, ‘But I want to do it right,’” says Judge Braswell.

AI can also help judges close communication gaps. By taking decisions that judges have already reasoned through and converting them into accessible explanations, AI can help all litigants clearly understand the relevant legal framework, rule, or process behind the decision. This is even more impactful in cases involving self-represented litigants.

Leveraging AI to enhance judicial communication

Judge Braswell understands this well. In every case with at least one self-represented litigant, she offers a plain language summary of her written decisions. Although she does not use AI to draft those, she does use AI to translate complex legal reasoning when delivering information from the bench.

“If I have 15 minutes for a hearing and want to explain to a self-represented litigant something complex, I use AI to help me translate legal jargon into plain and simple language,” she explains. “I want the self-represented litigant to understand what I’m doing and why I’m doing it — and AI helps me translate lawyer-speak into plain-speak, quickly.”

You can explore the white paperĚý here

This capability is particularly valuable for judges who often struggle to find the time to connect with litigants. By leveraging AI, they can provide more personalized and informative interactions, ultimately enhancing litigants’ judicial experiences. In addition, some judges are using AI to create engaging content, such as avatars and videos on YouTube, to make themselves more relatable and accessible to the public; while others are using AI to help litigants navigate court processes, helping to demystify the system and reduce anxiety.

Guardrails for responsible AI use

Of course, Judge Braswell doesn’t use AI casually. She has strict policies and protocols in place, including segregation of work and personal accounts, prompt anonymization, and prohibiting her clerks from uploading sensitive information or delegating core functions and judgment to any AI tool. She also trains her chambers on high-risk and low-risk cases and emphasizes the importance of proper AI use through structured prompts, appropriate settings, standing instructions, and deliberate guardrails.

For example, Judge Braswell describes a dedicated project in which she uploaded her district’s local rules, the Federal Rules of Civil Procedure, and standing orders. She queries that project any time she needs to refresh on an applicable rule or procedure. She gave the AI tool clear instructions, such as: Don’t answer unless grounded in a rule. Cite the rule with every response. If you don’t know, say so.

While these types of practices do not make the tools risk-free, Judge Braswell notes, they do offer guardrails to help support, rather than undermine, judicial integrity.

Addressing risks and challenges

While , the deeper risks in AI use in the courts are bias, cognitive deskilling, and erosion of public trust. Judge Braswell warns that bias is harder to detect than any made-up case citation. “If you ask for a legal framework in an employment discrimination case, the system may pull more from defense-side articles because larger firms publish more content,” she explains. “The result is a subtle tilt in perspective.”

To counter this, she prompts her AI tools deliberately asking for diverse perspectives, asking the tool to gather contrary views, or telling the tool to answer only after asking follow-up questions that could identify user bias. Without this intentionality, bias can go undetected.

For judges ready to engage, visitĚýĚýto join the conversation

On the webinar, Prof. Cyphert echoed concerns about the next generation. “I worry that younger lawyers may skip critical learning processes if they rely too heavily on AI for drafting or research,” Prof. Cyphert says. “Is there a cognitive benefit to writing that we’re losing?”

The path forward through education, experimentation & transparency

During the webinar, both speakers rejected mandatory disclosure rules as counterproductive.

“It creates a chilling effect,” Judge Braswell says. “And we need people to engage for learning purposes.” Instead, she notes that she advocates for voluntary transparency — judges explaining their use of AI in ways that build public understanding and confidence.

Prof. Cyphert agrees. “You can’t assess risks and benefits if you don’t understand the technology,” she says, adding that she encourages judges to attend webinars, read research, and talk to peers. Similarly, Judge Braswell co-founded the , a judge-only, peer-led forum for candid discussion that exists as a safe space to share challenges, test ideas, and learn together.

As the webinar notes, the future of justice isn’t just about whether courts and judges are using advanced AI technology, it’s about how that technology should be used — with care, purpose, and always with people at the center.

For more on the impact of AI in courts, visit theĚý

Key insights:

• • • Big sporting events create perfect cover for sex trafficking — The World Cup’s massive crowds, temporary workers, and stretched local infrastructure make it easier for traffickers to blend in and exploit vulnerable people while staying largely out of sight.

    • Money trails and online ads are where traffickers slip up — Trafficking often leaves patterns, such as payments tied to commercial sex ads, round‑dollar peer‑to‑peer transactions, and repeat phone numbers or language across online ads. Banks and investigators can spot these red flags, if they know what to look for.

    • Early, cross‑sector collaboration is what actually makes a difference — The strongest prevention efforts happen before kickoff, when law enforcement, financial institutions, and nonprofits share intelligence, use formal information‑sharing tools, and build trusted local networks to respond quickly and protect victims.

As millions of soccer fans descend upon stadiums across North America for the 2026 FIFA World Cup in June and July, perpetrators of human rights crimes also are getting ready to operate in the shadows of host cities. Criminal networks are preparing to exploit the crowds, traffic, and chaos during the event by trafficking vulnerable individuals for commercial sex.

Human traffickers and organized crime groups often exploit major sporting events as opportunities to make quick money because the massive influx of visitors, temporary workers, and strained infrastructure creates perfect conditions for traffickers to operate while being largely undetected. At the same time, the stakeholders involved in countering this illegal activity — including law enforcement, civil society organizations, and financial institutions — stand ready to detect it, disrupt it, and protect vulnerable individuals who are exploited by criminal actors.

Indeed, close coordination and collaboration among these entities in advance of the games is key. To that end, the Association of Certified Anti-Money Laundering Specialists (ACAMS) and ¶¶ŇőłÉÄę are collaborating on a virtual and live event series to support these planning counter-trafficking efforts among stakeholders in several local cities this Spring.

Why major sporting events attract human trafficking activity

Not surprisingly, large crowds draw business opportunities whether they are legitimate or illicit. Collaboration between public and private entities underscore spikes in human trafficking activity. For example, during a recent large sporting event in 2025, ¶¶ŇőłÉÄę Special Services partnered with federal law enforcement and other partners to identify nine adult encounters & services offered, which led to the recovery of two juveniles from sex trafficking and three state arrests

Common industries that involve the exploitation of vulnerable individuals include hospitality, construction, illicit massage businesses, escort services, and adult content production. The chaos of events and large influx of people mask the reality that exploitation is happening and makes detection significantly more challenging during these high-traffic periods.

Human traffickers and organized crime groups often exploit major sporting events as opportunities to make quick money because the massive influx of visitors, temporary workers, and strained infrastructure creates perfect conditions for traffickers to operate while being largely undetected.

Critically, understanding human trafficking as a business model depends on the recruitment of vulnerable people and access to money flows. These aspects of the business are also where detection can occur. Financial institutions and money service businesses can identify suspicious transactions related to human trafficking by understanding and recognizing specific transactional patterns, including payments to commercial sex advertisement websites, round-dollar peer-to-peer transactions, and merchant services linked to illicit massage businesses.

This online footprint left by traffickers proves invaluable for detection. Investigators track advertisements across adult services websites, identifying criminal networks through repeated phone numbers, distinctive emojis, and similar wording that may appear across multiple cities. However, smaller-scale operations present significant challenges as well. When the trafficker is an intimate partner or family member with limited transaction volumes, detection becomes exponentially more difficult without external intelligence.

Collaboration is key for prevention and detection

The most critical element for combating human trafficking at major sporting events is collaboration among anti-trafficking experts and employers of these professionals. Effective prevention requires building strong partnerships before these major events occur. Specific actions that can be taken include:

Establishing multi-sector task forces — The most successful anti-trafficking efforts involve joint task forces that combine federal, state, and local law enforcement with trusted private sector partners and supportive nonprofits or non-government organizations (NGOs) that offer victim services. This toolkit for large scale public events and other anti-trafficking toolkits are excellent resources for local host cities to use to execute these partnerships. These collaborative mechanisms allow different entities to share information in a timely manner.

Leveraging information sharing mechanisms — Financial institutions can use Section 314(b) authority for peer-to-peer information sharing between banks. This allows financial institutions to piece together fragments of suspicious activity that individually might seem insignificant but collectively reveal trafficking networks. Large federal agencies are consumed by multiple priorities and benefit from information sharing through Section 314(a) and assistance from financial sector partners during special operations to act as a force multiplier. Law enforcement also can benefit from detailed Suspicious Activity Reports (SARs) that contain specific dollar amounts, clear timelines, behavioral observations, and explicit keywords like human trafficking.

Preparing host cities by building networks and outreach in advance — Some World Cup host cities have already established human rights plans with robust collaborative systems within local task forces, government awareness campaigns, QR codes that link to support services, and multidisciplinary safety plans.

In addition, anti-trafficking professionals across all sectors are accessible and willing to help. Resources include national hotlines, such as the , referral directories on website, and the for cases involving minors. The most important step is simply reaching out to establish connections before crises occur.

Preparing for a safer event

The 2026 World Cup presents a pivotal moment to strengthen collaborative efforts against human trafficking across North America’s host cities. By establishing robust information-sharing networks between financial institutions, law enforcement, NGOs, and host communities before the tournament begins, stakeholders can transform heightened awareness into meaningful action that protects vulnerable individuals.

While traffickers will undoubtedly attempt to exploit the inevitable chaos surrounding a major event like the World Cup, a coordinated, multi-sector response grounded in shared intelligence, victim-centered approaches, and proactive preparation can disrupt their operations and ensure that the world’s celebration of soccer doesn’t come at the cost of human dignity and freedom.

You can find out more aboutĚýhow organizations are trying to fight against human rights crimes here

Key insights:

• • • Well-being is a professional necessity — Judges experience decision fatigue, emotional stress, and personal biases that can affect their rulings, making mental and physical well-being a judicial duty.

    • Community engagement builds better judgment — Staying connected to the communities they serve helps judges develop empathy, recognize bias, and deliver fairer decisions.

    • Diverse experience strengthens the judiciary — Varied backgrounds and ongoing education in areas like restorative justice make courts more responsive, inclusive, and publicly trusted.

Judges play a unique and essential role in society. They are tasked with interpreting the law, resolving disputes, and upholding justice — often under intense scrutiny and pressure. Their decisions shape lives, influence public policy, and reinforce the rule of law.

Indeed, judicial rulings may be the most visible part of the job, but they are not the only measure of a judge’s effectiveness — or of the judiciary’s overall health.

To truly understand and support a robust legal system, it is vital to look beyond the courtroom and examine the broader context in which judges operate. A judiciary that is fair, empathetic, and resilient depends not only on legal expertise, but also on balance, self-awareness, and active engagement with the communities it serves.

The weight of the robe & the value of connection

Despite the solemnity of the judicial office, judges also carry personal experiences, cognitive biases, and emotional responses. The weight of responsibility in adjudicating complex, often emotionally charged cases can lead to stress, burnout, and decision fatigue. that judicial decisions can be influenced by factors such as time of day, caseload volume, and even personal well-being.

When judges prioritize their own well-being through physical health, mental resilience, and time away from the bench, they are better equipped to render fair and consistent decisions. Judicial wellness is not a personal luxury; rather, it is a professional imperative.

Equally important is the role of community engagement. The law does not exist in a vacuum but is shaped by social norms, economic realities, and cultural shifts. Judges who remain isolated from the communities that are affected by their rulings risk losing touch with the lived experiences of the people before them.

Judicial rulings may be the most visible part of the job, but they are not the only measure of a judge’s effectiveness — or of the judiciary’s overall health.

Engagement with the public helps judges better understand how the law impacts and operates in people’s lives. It also builds the empathy and contextual awareness needed for interpreting statutes or imposing sentences.

For example, a judge who volunteers with youth programs or participates in community forums on public safety may develop a more nuanced understanding of cases involving juvenile offenders or policing practices. Similarly, a judge who attends local cultural events or listens to community leaders may be better positioned to recognize implicit biases or systemic inequities that may be inherent in the justice system.

Community involvement also strengthens public trust. When citizens see judges as accessible and engaged, rather than distant or aloof, confidence in the judiciary increases. And these ideas of transparency and connection are key to maintaining citizens’ trust in the courts.

These themes are explored more in depth in the Thomson Reuters Institute’s video series,ĚýBeyond the Bench. For example, in the episodeĚý,ĚýAssociate Justice Tanya R. Kennedy shares her experience educating youth, participating in civic organizations, and leading legal reform initiatives. The episode also highlights how service beyond judicial duties enhances judges’ decision-making and strengthens community ties.

Another episode of the series,Ěý,Ěýexamines the personal and professional challenges faced by judges and attorneys alike. It features a candid interview with Judge Mark Pfiffer, who emphasizes the importance of mindfulness, peer support, and institutional policies that promote mental health and sustainable work practices.

A judiciary that reflects society

The same principle applies at the institutional level. A judiciary is strongest when it reflects the range of experiences and perspectives present in the society it serves.

Beyond individual judges, the judiciary can benefit from diversity and inclusion. A bench that reflects the full spectrum of society is more likely to deliver balanced and equitable justice. But diversity is not just about representation — it’s also about perspective.

Judges who have worked in public defense, civil rights advocacy, or rural legal services bring different insights to the bench than those who have spent their careers in corporate law or prosecution. These varied experiences enrich judicial deliberation and help ensure that decisions are informed by a broad understanding of justice.

Encouraging judges and court personnel to engage in lifelong learning, mentorship, and cross-sector collaboration further strengthens the judiciary. Programs that support judicial education on topics like implicit bias, trauma-informed practices, or restorative justice are essential to modern, responsive courts.

Improving judges’ well-being

The quality of justice depends not only on what happens in the courtroom, of course, but on what happens outside of it. Judges who maintain personal balance, engage with their communities, and remain open to diverse perspectives are better equipped to serve the public good.

Legal professionals, court administrators, and policymakers should support the kinds of initiatives that promote judicial wellness, community outreach, and professional development. By fostering a judiciary that looks beyond the bench, we ensure a justice system that is not only legally sound, but also humane, inclusive, and trusted.

In the end, judges and the justice they mete out are not defined by court rulings alone. It also depends on relationships, context, and public trust. Recognizing that reality is essential to preserving the well-being of the judiciary and the integrity of the law.

TheĚý“Beyond the Bench”Ěývideo series is available on

Key takeaways:

• • • AI frameworks need to keep up with implementation — While AI governance frameworks are being developed and enacted globally, their effectiveness depends on enforceable mechanisms within domestic justice systems.

    • Access to justice is essential for trustworthy AI regulation — Rights and protections are only meaningful if individuals can understand, challenge, and seek remedies for AI-driven decisions. Without operational access, governance frameworks risk remaining theoretical.

    • People-centered justice and human rights must anchor AI governance — Embedding human rights standards and ensuring equal access to justice in AI regulation strengthens public trust, accountability, and the credibility of both public institutions and private companies.

AI governance is accelerating across global, national, and local levels. As public investment in AI infrastructure expands, new oversight bodies are emerging to assess safety, risk, and accountability. The global policy conversation has from principles to the implementation of meaningful guardrails and AI governance frameworks, which legislators now are drafting and enacting.

These developments reflect growing recognition that AI systems demand structured oversight and a shift from voluntary safeguards and standards to institutionalized governance. One critical dimension remains underdeveloped, however: how do these frameworks function in practice? Are they enforceable? Do they provide accountability? Do they ensure equal access?

AI governance will not succeed on the strength of international declarations or regulatory design alone; rather, domestic justice systems will determine whether it works. At this intersection, the connection between AI governance and access to justice becomes real.

In early February, leaders across government, the legal sector, international organizations, industry, and civil society convened for an expert discussion. The following reflections attempt to build on that dialogue and its urgency.

From principles to enforcement

Over the past decade, AI governance has evolved from hypothetical ethical guidelines to voluntary commitments, binding regulatory frameworks, and risk-based approaches. Due to these game-changing advancements, however, many past attempts to provide structure and governance have been quickly outpaced by technology and are insufficient without enforcement mechanisms. As Anoush Rima Tatevossian of The Future Society observed: “The judicial community should have a role to play not only in shaping policies, but in how they are implemented.”

Frameworks establish expectations, while courts and dispute resolution mechanisms interpret rules, test rights, evaluate harm, assign responsibility, and determine remedies. If individuals are not empowered to safeguard their rights and cannot access these mechanisms, governance frameworks remain theoretical or are casually ignored.

This challenge reflects a broader structural constraint. Even without AI, legal systems struggle to meet demand. In the United States alone, 92% of people do not receive the help they need in accessing their rights in the justice system. Introducing AI into this environment without strengthening access can risk widening, rather than narrowing, the justice gap.

There’s growing recognition that AI systems demand structured oversight and a shift from voluntary safeguards and standards to institutionalized governance.

Justice systems serve as the operational core of AI governance. By inserting the rule of law into unregulated areas, they provide the infrastructure that enables accountability by interpreting regulatory provisions in specific cases, assessing whether AI-related harms violate legal standards, allocating responsibility across public and private actors, and providing accessible pathways for redress.

These frameworks also generate critical feedback. Disputes involving AI systems expose gaps in transparency, fairness, and accountability. Legal professionals see where governance frameworks first break down in real-world conditions, often long before policymakers do. As a result, these frameworks function as an early signal of policy effectiveness and rights protections.

Importantly, AI governance does not require entirely new legal foundations. Human rights frameworks already provide standards for legality, non-discrimination, due process, and access to remedy, and these standards apply directly to AI-enabled decision-making. “AI can assist judges but must never replace human judgment, accountability, or due process,” said Kate Fox Principi, Lead on the Administration of Justice at the United Nations (UN) Office of the High Commissioner for Human Rights (OHCHR), during the February panel.

Clearly, rights are only meaningful when individuals can exercise them — this constraint is not conceptual, it’s operational. Systems must be understandable, affordable, and responsive, and institutions should be capable of evaluating complex, technology-enabled disputes.

Trust, markets & accountability

Governance frameworks that do not account for these dynamics risk entrenching inequities rather than mitigating them. An individual’s ability to understand, challenge, and seek a remedy for automated decisions determines whether governance is credible. A people-centered justice approach, as established in the , asks whether individuals can meaningfully engage with the system, not just whether rules exist. For example, women face documented barriers to accessing justice in any jurisdiction. AI systems trained on biased data can replicate or amplify existing disparities in employment, financial services, healthcare, and criminal justice.

“Institutional agreement rings hollow when billions of people experience governance as remote, technocratic, and unresponsive to their actual lives,” said Alfredo Pizarro of the Permanent Mission of Costa Rica to the UN. “People-centered justice becomes essential.”

AI systems already shape outcomes across employment, financial services, housing, and justice. Entrepreneurs, law schools, courts, and legal services organizations are already building AI-enabled tools that help people navigate legal processes and assert their rights more effectively. Governance design will determine whether these tools help spread access to justice and or introduce new barriers.

Private companies play a central role in developing and deploying AI systems. Their products shape economic and social outcomes at scale. For them, trust is not abstract; it is a success metric. “Innovation depends on trust,” explained Iain Levine, formerly of Meta’s Human Rights Policy Team. “Without trust, products will not be adopted.” And trust, in turn, depends on enforceability and equal access to remedy.

AI governance will succeed or fail based on access

As Pizarro also noted, justice provides “normative continuity across technological rupture.” Indeed, these principles already exist within international human rights law and people-centered justice; although they precede the advent of autonomous systems, they provide standards for evaluating discrimination, surveillance, and procedural fairness, and remain durable as new challenges to upholding justice and the rule of law emerge.

People-centered justice was not designed for legal systems addressing AI-related harms, but its outcome-driven orientation remains durable as new justice problems emerge.

The current stage presents an opportunity to align AI governance with access to justice from the outset. Beyond well-drafted rules, we need systems that people can use. And that means that any effective governance requires coordination between policymakers, legal professionals, and the public.

You can find other installments ofĚýour Scaling Justice blog seriesĚýhere

Key insights:

• • • AI’s greatest strength in criminal justice is pattern recognition— AI can process vast amounts of data quickly, helping law enforcement and legal professionals detect connections, reduce oversight gaps, and improve consistency across investigations and casework.

    • AI should strengthen justice, not substitute for human judgment— Legal professionals are integral to evaluating AI-generated outputs, especially when decisions affect evidence, warrants, and individuals’ constitutional rights.

    • The most effective model is human/AI collaboration— AI handles scale and speed, while judges, attorneys, and investigators provide context, accountability, and ethical reasoning needed to protect due process.

The law has always been about patterns — patterns of behavior, patterns of evidence, and patterns of justice. Now, courts and law enforcement can leverage a tool powerful enough to see those patterns at a scale at a speed no human mind could match: AI.

At its core, AI works by recognizing patterns. Rather than simply matching keywords, it learns from large amounts of existing text to understand meaning and context and uses that learning to make predictions about what comes next. In the context of law enforcement, that capability is nothing short of transformative.

These themes were front and center in a recent webinar, , from theĚý, a joint effort by the National Center for State CourtsĚý(NCSC) and the Thomson Reuters Institute (TRI). The webinar brought together voices from across the justice system, and what emerged was a clear and consistent message: AI is a powerful ally in the pursuit of justice, but only when paired with the judgment, accountability, and constitutional grounding that human professionals can provide.

AI’s pattern recognition is a gamechanger

“AI is excellent,” said Mark Cheatham, Chief of Police in Acworth, Georgia, during the webinar. “It is better than anyone else in your office at recognizing patterns. No doubt about it. It is the smartest, most capable employee that you have.”

That kind of capability, applied to the demands of modern policing, investigation, and prosecution, is a genuine gamechanger. However, the promise of AI extends far beyond the patrol car or the precinct. Indeed, it cascades through the entire arc of justice — from the moment a crime is detected all the way through prosecution and adjudication.

Each step in that chain represents not just an operational and efficiency upgrade, but an opportunity to make the system more fair, more consistent, and more protective of the rights of everyone involved.

Webinar participants considered the practical implications. For example, AI can identify and mitigate human error in decision-making, promoting greater consistency and fairness in outcomes across cases. And by automating labor-intensive tasks such as reviewing body camera footage, AI frees prosecutors and defense attorneys to focus on other aspects of their work that demand professional judgment and legal expertise.

In legal education, the potential of AI is similarly recognized. Hon. Eric DuBois of the 9th Judicial Circuit Court in Florida emphasizes its role as a tool rather than a substitute. “I encourage the law students to use AI as a starting point,” Judge DuBois explained. “But it’s not going to replace us. You’ve got to put the work in, you’ve got to put the effort in.”

AI can never replace the detective, the prosecutor, the judge, or the defense attorney; however, it can work alongside them, handling the volume and velocity of data that no human team could process alone.

Judge DuBois’ perspective aligns with broader judicial sentiment on the responsible integration of AI. In fact, one consistent theme across the webinar was the necessity of maintaining human oversight. The role of the legal professional remains central, participants stressed, because that ensures accuracy, accountability, and ethical judgment. The appropriate placement of human expertise within AI-assisted processes is essential to ensuring a fair and effective legal system.

That balance between leveraging AI and preserving human judgment is not just good practice, rather it’s a cornerstone of justice. While Chief Cheatham praises AI’s pattern recognition, he also cautions that it “will call in sick, frequently and unexpectedly.” In other words, AI is a powerful but imperfect tool, and those professionals who rely on it must always be prepared to intervene in those situations in which AI falls short. Moreover, the technology is improving extremely rapidly, and the models we are using today will likely be the worst models we ever use.

Naturally, that readiness is especially critical when individuals’ rights are on the line. “A human cannot just rely on that machine,” said Joyce King, Deputy State’s Attorney for Frederick County in Maryland. “You need a warrant to open that cyber tip separately, to get human eyes on that for confirmation, that we cannot rely on the machine.” Clearly, as the webinar explained, AI does not replace constitutional obligations; rather, it operates within them, and the professionals who use AI are still the guardians of due process.

The human/AI partnership is where justice is served

Bob Rhodes, Chief Technology Officer for ¶¶ŇőłÉÄę Special Services (TRSS) echoed that sentiment with a principle that cuts across every application of AI in the justice system. “The number one thing… is a human should always be in the loop to verify what the systems are giving them,” Rhodes said.

This is not a limitation of AI; instead, it’s the design of a system that works. AI identifies the patterns, and trained, experienced professionals evaluate them, act on them, and are accountable for them.

That partnership is where the real opportunity lives. AI can never replace the detective, the prosecutor, the judge, or the defense attorney. However, it can work alongside them, handling the volume and velocity of data that no human team could process alone. So that means the humans in the room can focus on what they do best: applying judgment, upholding the law, and protecting an individual’s rights.

For judicial and law enforcement professionals, this is the moment to lean in. The patterns are there, the technology to read them is here, and the opportunity to use both in service of rights — not against them — has never been greater.

You can find out more about the webinars from the AI Policy Consortium here

Key takeaways:

• • • Violence against judges is escalating — Targeted shootings, coordinated harassment campaigns, and threats that now routinely follow judges to their homes and families.

    • The rhetoric driving the escalation is coming from the highest levels of government — The absence of any public denunciation from the Department of Justice is highlighting the source of the problem.

    • Will the violence itself become part of judicial rulings? — The endgame of judicial intimidation isn’t that judges stop ruling, it’s that the threat of violence becomes a silent presence in the deliberation itself.

NEW YORK — Those attendees who came to the recentĚý to talk about AI, agentic workflows, and the business of legal technology, also were treated to a session that will likely stay with attendees and had nothing to do with AI.

In that session, four federal judges took the stage; but they were not there to talk about pricing models or AI adoption. They were there to talk about staying alive.

Setting the stage

Jason Wareham, CEO of IPSA Intelligent Systems and a former U.S. Marine Corps judge advocate, introduced the session — a panel of four sitting United States District Court judges — by speaking of how the rule of law once seemed resolute, yet how that faith in that has been shaken, year after year. He worked hard to frame his observations as nonpartisan, a matter of institutional fragility rather than political allegiance. It was a generous framing, but it was one that would not survive the weight of the ensuing discussion.

The Honorable Esther Salas of the District of New Jersey said that the reason she was there has a name. On July 19, 2020, a disgruntled, extremist attorney who had a case before her court arrived at her home during a birthday celebration. He shot and killed her twenty-year-old son, Daniel Anderl. He shot and critically wounded her husband. She has spent the years since on a mission to protect her judicial colleagues from the same fate.

The new normal

Next, the Honorable Kenly Kiya Kato of the Central District of California described what has changed. Judges’ rulings are still based on the Constitution, on precedent, and on the facts; but what’s different is the small voice in the back of a judge’s head. That voice, often coming after a judge issued a decision that they now have to fight against, asks: What will happen after this? It is now expected, Judge Kato explained, that a high-profile order will bring threats. When two colleagues in her district issued prominent decisions, her first thought was for their safety. That is not how it has been historically.

The Honorable Mia Roberts Perez of the Eastern District of Pennsylvania asked how we got here, pointing to language from the highest levels of government: judges called monsters, a U.S. Department of Justice declaring war on rogue judges, and recently politicians bringing justice’s families into the conversation.

Judge Salas pushed even further. She acknowledged the instinct to frame the problem as bipartisan, but said the current moment is not apples to apples. It is apples to watermelons. The spike in threats since 2015, she argued, traces directly to rhetoric from political leaders using language never before deployed against the bench.

The federal judiciary is looking to break annual records for threats [against judges], and there is an absence of any public denunciation from the Attorney General or the DOJ.

The evidence is not abstract, nor are the victims, and the panel walked through it. Judge John Roemer of Wisconsin, zip-tied to a chair and assassinated in his home. Associate Judge Andrew Wilkinson of Maryland shot dead in his driveway while his family was inside. Judge Steven Meyer of Indiana and his wife Kimberly, shot through their own front door after attackers first posed as a food delivery, then returned days later claiming to have found the couple’s dog. Judge Meyer has just undergone his fifth surgery since the attack.

All of these incidents happened at the judges’ homes.

Judge Salas then played a voicemail, one of thousands that federal judges receive. It was less than 30 seconds long, but it did not need to be longer. While names had been redacted, what remained was a torrent of threats and obscenities, graphic, sexual and violent, delivered with the confidence of someone who does not expect consequences. Some judges receive hundreds of these after a single ruling, often from people with no case before them at all.

The shadow over the courts

Throughout the session, there was a presence the panelists circled but rarely named directly. A shadow that shaped every observation about escalating threats, every reference to rhetoric from the top down, every mention of language never before used by political leaders, of action or inaction the likes of which would have been unthinkable just several years ago. The specifics were spoken. The name, largely, was not.

It didn’t have to be.

Judge Kato said that what was perhaps the most disheartening aspect of all this is that these threats are getting worse. The people who know better are not doing better. Indeed, she said her children think about these problems every day. What will happen to mom today? Will someone come to the house? These are questions children should not have to carry. They did not sign up for this, and neither did the judges.

In 2026, Judge Salas noted, the federal judiciary is looking to break annual records for threats. She also noted the absence of any public denunciation from the Attorney General or the DOJ. The silence, she said, says a lot.

Not surprisingly, the implications extend beyond the judges themselves. As Judge Salas noted, if judges have to weigh their safety alongside the law, ordinary people don’t stand a chance. If one party is stronger, better funded, or more willing to threaten, then the scales tip.

That is the endgame of judicial intimidation. It’s not that judges stop ruling, but that the violent and the powerful — indeed, the people least fit to hold the scales — can tilt them at will.

That concern echoed an earlier warning from Judge Karoline Mehalchick of the Middle District of Pennsylvania. Judge Mehalchick said that judicial intimidation feeds on misunderstanding. When the public no longer grasps why judges must be insulated from pressure or conversely, mistakes independence for partisanship, the threat environment becomes easier to justify, easier to ignore, and harder to reverse.

What is perhaps the most disheartening aspect of all this is that these threats are getting worse, and the people who know better are not doing better.

In his 2024 year-end report, U.S. Supreme Court Chief Justice John Roberts identified four threats to judicial independence: violence, intimidation, disinformation, and threats to defy lawfully entered judgements. The panel discussed this report as prophecy fulfilled. Public confidence in the judiciary has plummeted since 2021, and the reasons are complex. The judges insisted they are still doing their jobs the right way, but the violence is spreading anyway.

What survives

Judge Salas asked the audience to watch their thoughts. Are they negative and destructive, or positive and uplifting? Can we start loving more? She ended by sending love and light to everyone in the room.

The judges were visibly emotional on the stage.

The words were beautiful. They were also, in the context of everything that had just been described — the killings, the voicemails, the zip ties, the pizza deliveries masking a threat under a murdered son’s name — resting in a shadow that no amount of love and light could fully dispel on their own.

The room responded with a standing ovation.

Thousands of people came to Legalweek 2026 to talk about the future of legal technology. For one morning, four judges reminded them that none of it matters if the people charged with administering justice cannot do so safely.

So, while the billable hour may survive and the associate will adapt, the harder question, the one that should keep the legal industry awake at night, is whether the bench will hold.

You can find more ofĚýour coverage of Legalweek eventsĚýhere

Key takeaways:

• • • An additional funding stream, not a replacement — Ethical capital has the potential to supplement existing access to justice infrastructure by introducing a justice finance mechanism that can fund cases with measurable social and environmental impact.

    • Technology as trust infrastructure — AI and smart technologies can provide the governance scaffolding required for ethical capital to flow at scale, including standardizing assessment, impact measurement, and oversight.

    • Capital is not scarce; allocation is — The true bottleneck is not the availability of funds; rather it’s the disciplined, investment-grade legal judgment required to evaluate risk, ensure compliance, and measure impact in a way that makes justice outcomes investable.

Kayee Cheung & Melina Gisler, Co-Founders of justice finance platform Edenreach, are co-authors of this blog post

Access to justice is typically framed as a resource problem — the idea that there are too few legal aid lawyers, too little philanthropic funding, and too many people navigating civil disputes alone. This often results in the majority of individuals who face civil legal challenges doing so without representation, often because they cannot afford it.

Yet this crisis exists alongside a striking paradox. While 5.1 billion people worldwide face unmet justice needs, an estimated $3.3 trillion in mission-aligned capital — held in donor-advised funds, philanthropic portfolios, private foundations, and impact investment vehicles — remains largely disconnected from solutions.

Unlocking even a fraction of this capital could introduce a meaningful parallel funding stream — one that’s capable of supporting cases with potential impacts that currently fall outside traditional funding models. Rather than depending on charity or contingency, what if justice also attracted disciplined, impact-aligned investment in cases themselves, in addition to additional funding that could support technology?

Recent efforts have expanded investor awareness of justice-related innovation. Programs like Village Capital’s have helped demystify the sector and catalyze funding for the technology serving justice-impacted communities. Justice tech, or impact-driven direct-to-consumer legal tech, has grown exponentially in the last few years along with increased investor interest and user awareness.

Litigation finance has also grown, but its structure is narrowly optimized for high-value commercial claims with a strong financial upside. Traditional funders typically seek 5- to 10-times returns, prioritizing large corporate disputes and excluding cases with significant social value but lower monetary recovery, such as consumer protection claims, housing code enforcement, environmental accountability, or systemic health negligence.

Justice finance offers a different approach. By channeling capital from the impact investment market toward the justice system and aligning legal case funding with established impact measurement frameworks like the , it reframes certain categories of legal action as dual-return opportunities, covering financial and social.

This is not philanthropy repackaged. It’s the idea that measurable justice outcomes can form the basis of an investable asset class, if they’re properly structured, governed, and evaluated.

Technology as trust infrastructure

While mission-aligned capital is widely available, the ability to evaluate legal matters with the necessary rigor remains limited. Responsibly allocating funds to legal matters requires complex expertise, including legal merit assessment, financial risk modeling, regulatory compliance, and impact evaluation. Cases must be considered not only for their likelihood of success and recovery potential, but also for measurable social or environmental outcomes.

Today, that assessment is largely manual and capacity-bound by small teams. The result is a structural bottleneck as capital waits on scalable, trusted evaluation and allocation.

Without a way to standardize and responsibly scale analysis of the double bottom line, however, justice funding remains bespoke, even when resources are available.

AI-enabled systems can play a transformative role by standardizing assessment frameworks and supporting disciplined capital allocation at scale. By encoding assessment criteria, decision pathways, and compliance safeguards and then mapping case characteristics to impact metrics, technology can enable consistency and allow legal and financial experts to evaluate exponentially more matters without lowering their standards.

And by integrating legal assessment, financial modeling, and impact alignment within a governed tech framework, justice finance platforms like can function as the connective tissue. Through the platform, impact metrics are applied consistently while human experts remain responsible for final determinations, thereby reducing friction, increasing transparency, and supporting auditability.

When incentives align

It’s no coincidence that many of the leaders exploring justice finance models are women. Globally, women experience legal problems at disproportionately higher rates than men yet are less likely to obtain formal assistance. Women also control significant pools of global wealth and are more likely to . Indeed, 75% of women believe investing responsibly is more important than returns alone, and female investors are almost twice as likely as male counterparts to prioritize environmental, social and corporate governance (ESG) factors when making investment decisions, .

When those most affected by systemic barriers also shape capital allocation decisions, structural change becomes more feasible. Despite facing steep barriers in legal tech funding (just 2% goes to female founders), women represent in access-to-justice legal tech, compared to just 13.8% across legal tech overall.

This alignment between lived experience, innovation leadership, and capital stewardship creates an opportunity to reconfigure incentives in favor of meaningful change.

Expanding funding and impact

Justice financing will not resolve the justice gap on its own. Mission-focused tools for self-represented parties, legal aid, and court reform remain essential components of a functioning justice ecosystem. However, ethical capital represents an additional structural layer that can expand the range of cases and remedies that receive financial support.

Impact orientation can accommodate longer time horizons, alternative dispute resolution pathways, and remedies that extend beyond monetary damages. In certain matters, particularly those involving environmental harm, systemic consumer violations, or community-wide injustice, capital structured around impact metrics may identify and enable solutions that traditional litigation finance models do not prioritize.

For example, capital aligned with defined impact frameworks may support outcomes that include remediation programs, compliance reforms, or community investments alongside financial recovery. These approaches can create durable benefits that outlast a single judgment or settlement.

Of course, solving deep-rooted inequities and legal system complexity requires more than new tools and new investors. It requires designing capital pathways that are repeatable, accountable, and aligned with measurable public benefit.

Although justice finance may not be a fit for every case and has yet to see widespread uptake, it does have the potential to reach cases that currently fall through the cracks — cases that have merit, despite falling outside traditional litigation finance models and legal aid or impact litigation eligibility criteria.

You can find other installments of our Scaling Justice blog series here

Key takeaways:

• • • An emerging employment tribunal crisisĚý— The UK’s employment tribunal system is facing unprecedented backlogs, long wait times, and unaffordable legal representation, leaving many workers and small businesses unable to effectively resolve workplace disputes.

    • Process-oriented barriers to justiceĚý— Most claims are dismissed not because they lack merit, but due to claimants disengaging from a slow and complex process, with legal costs often exceeding the value of claims and legal aid unable to meet rising demand.

    • A potential role for legal technologyĚý— Mission-driven legal tech platforms are emerging to provide affordable, scalable support and help claimants stay engaged by offering a practical solution to improve access to justice.

When a worker in the United Kingdom is unfairly dismissed or denied wages, their path to resolution runs through employment tribunals, a specialized court system separate from civil courts. As in the United States, many workers and small businesses cannot afford legal representation and must navigate the process on their own.

With backlogs at all-time highs and affordable legal services at all-time lows, this system is coming under increasing pressure. Fortunately, mission-driven technology and data analysis are emerging to level the playing field and increase access to justice.

Current state by the numbers

According to an analysis of the and other data sources,*Ěýin the second quarter of 2025, employment tribunals resolved just 45% of incoming claims, adding 18,000 cases to the backlog alone. In the past year, the open caseload has surged by 244%. This pressure is set to intensify as the inbound Employment Rights Act 2025 — the UK’s most significant overhaul of workplace protections in decades — is set to extend protection to six million more workers in 2027.

As the backlog increases, so do wait times. In 2025, the average wait for resolution reached 25 weeks, more than double that of 2024, with some claim types like equal pay and discrimination claims reaching up to 37 weeks. Some more complex cases are reported to have their final hearings scheduled as far out as 2029.

With only 8% of cases reaching a final hearing and the majority resolved through settlement or withdrawal, the growing backlog raises concerns about whether lengthy wait times influence how claimants choose to resolve their cases.

In the UK, a common threshold for legal affordability is a salary of ÂŁ55,000, meaning around 65% of workers cannot afford legal representation. Legal aid and pro-bono services exist to support those in need, but with growing funding constraints and rising demand, these services cannot reach nearly two-thirds of claimants.

You can find more insights about how courts are managing the impact of advanced technology fromĚýour Scaling Justice seriesĚýhere

Tribunal awards are largely calculated from salary. This can result in a claim’s value often being lower than the cost of legal representation to pursue it. In a typical hospitality case, for example, a worker owed ÂŁ1,500 in unpaid wages (equivalent to 3½ weeks of pay) has a 92% chance of representing themselves and will wait on average six months for resolution — without pay owed, legal support, or outcome certainty.

The cost, both in time and resources, also falls on employers. In lower-margin industries such as hospitality, default judgments, in which an employer does not engage with proceedings, can reach as high as 37%, compared with a national average of around 6%. For these employers and for smaller businesses more broadly, the cost of legal support may also exceed the value of defending a claim.

With rising costs and growing delays, the risk for both employers and employees is that the system becomes inaccessible, leading to outcomes shaped by who can afford to sustain the process rather than case-by-case strength.

Where justice tech fits

The conventional assumption is that self-represented claimants are at a significant disadvantage when they go to court; yet the data is more nuanced. Self-represented claimants who reach a hearing prevail 44% of the time, compared to 52% for those with legal representation — a gap of less than eight percentage points.

The greater risk is not losing at hearing but never actually reaching one. Analysis of more than 2,700 struck-out, or dismissed, cases by employment rights platform Yerty found that the majority were dismissed not for lack of merit, but because claimants stopped engaging with the process. Only 6% were struck out for having no reasonable prospect of success. This suggests that the primary barrier may not be the absence of legal representation, but the ability to sustain engagement with a slow, complex, and often opaque process.

Increasing numbers of UK workers turning to AI tools like ChatGPT for legal support highlight not only the demand for affordable access but also the risks of general-purpose tools being used in legal contexts. Fabricated case law in tribunal submissions, for example, harms users and adds further pressure to an already overstretched system.

The conventional assumption is that self-represented claimants are at a significant disadvantage when they go to court; yet the data is more nuanced.

A new generation of legal technology platforms is emerging to fill this gap, with tools purpose-built for the specific circumstances of employment law. Yerty and Valla, among others, offer AI-powered guidance tailored to the UK tribunal process, providing affordable, scalable support previously out of reach for most workers. Government organizations are also moving in this direction. For example, in its recent five-year strategy outlook committed to exploring new digital services that offer faster, more accessible support.

Technology alone cannot address underfunding, judicial capacity, or fundamental power imbalances. However, if the majority of dismissed claims stem from disengagement rather than weak cases, and self-represented claimants prevail at comparable rates to those with lawyers, then the answer isn’t more lawyers — it’s better support upstream. Mission-driven legal technology can provide consistent, scalable guidance that helps both parties manage the process and avoid falling through the cracks.

The UK government’s own assessment of the Employment Rights Bill forecasts a 15% increase in claims by 2027 due to expanded eligibility. As noted above, the system is already under significant pressure before these reforms take effect, and traditional responses — more judges, more funding — too often take years to deliver.

While not a complete answer, justice tech can help address a real, measurable problem, that of keeping people engaged in a process that too often disengages them. For a hospitality worker owed back pay, a healthcare worker facing unfair dismissal, or a retail employee navigating a discrimination claim alone, that support could mean the difference between a case heard and one abandoned — and justice delayed or justice denied.

*Sources: Ministry of Justice Tribunal Statistics Quarterly (July-September 2025); Yerty analysis of 2,721 struck-out tribunal decisions and 8,761 case outcomes; ACAS Strategy 2025-2030; 2024 UK Judicial Attitude Survey, UCL Judicial Institute / UK Judiciary, February 2025.