Justice Nagarathna told judges to be brave, be honest with their finances and avoid pressure from anyone. Speaking at a meeting of judges, she said any judge who spends more than they can officially earn or who is greedy should be removed from the job. She’s also worried about how algorithms from artificial intelligence could affect them.
Call for ethical rigor and financial integrity
Judges at the lower District Court level are now getting paid more with raises and extra money. This lowers the financial stress that could lead a judge to do something wrong. But she says, those who do give into temptation still need to be gotten rid of to maintain the public’s confidence.
We can help make that happen by enforcing the rules about listing assets, conflicts of interest and by quickly investigating concerns. If the procedures for filing complaints are open and the panels that discipline judges are fair, that will make judges behave better and discourage them from doing anything wrong.
Independence from external and peer pressure
Justice Nagarathna warned against pressure from any source, even from other judges. She says judges must be brave and independent and that when decisions are made as a group, it takes away each judge’s personal responsibility. She said that a bad decision, because of outside influence, damages the reputation of the entire court system.
To encourage independence, the culture within the courts needs to value it, and that requires training, guidance from more experienced judges and protections built into the system itself. Judges should be taught about professional ethics, how their colleagues might influence them and how to make decisions when under a lot of pressure – all to help them be stronger and more clear in their thinking.
AI and the evolving concept of judicial independence
Justice Nagarathna explained that depending on artificial intelligence can subtly change how a person thinks. If judges use AI too much, their own ability to think for themselves can become weaker. She thinks that the traditional idea of a judge being independent should now also include being free from being improperly guided by computer algorithms.
This means there should be clear boundaries for how AI can help with a judge’s work. Algorithms should assist with things like paperwork and research, but shouldn’t make the final decision. Judges must always have the final say on what the facts are, how they reached a conclusion, and what the final order is, at every step of the way.
Operational safeguards for algorithmic use
Courts should have AI rules that make it clear what tools are used, what information goes into them and what the tools can’t do. An outside look at the AI “models” used for researching cases or deciding sentences can show any biases or mistakes. Anything that comes from AI that’s used in managing a case needs to have documentation with it.
“Human in the loop” systems should make sure that whatever the AI produces is checked and confirmed by a person before a judge uses it. Training judges about the mental dangers of AI and to carefully evaluate the AI’s results will help them to recognize subtle suggestions and to still use their own judgment.
Recommendations for policy and practice
There are several things we can do to put these ideas into practice. First, make judges reveal their financial details and have them regularly checked to stop corruption and conflicts of interest. Second, create a strong way for people to complain, and protect people who work in the courts who speak up about wrongdoing.
Third, include ethics and understanding of AI in judges’ continuing education. Fourth, have AI rules for all the courts that say what AI is allowed to do, requires assessing the effects of AI and need for an outside review. These actions will bring modern technology in line with the important principles of the court system.
Balancing modernization with core judicial values
Justice Nagarathna describes judicial independence as an obligation to the people who are involved in cases and to the country. Protecting that obligation means resisting obvious pressures and the subtle effects of algorithms. Modernizing the courts should make them more efficient but not reduce how accountable they are or the human judgment that is the basis of fairness.
By having clear ethical rules, training and AI governance, the courts can continue to have the public’s support. The court system can use new technology while still protecting the bravery, honesty and independence that are essential for the rule of law.
