CBA Record January-February 2026

AI 2035

DEEPFAKES, DOCKETS, AND DUE PROCESS

Navigating AI in Domestic Violence Court By Judge Megan Goldish

D omestic violence (DV) cases are among the most com plex in the justice system, involving trauma, power dynamics, and family issues. As artificial intelligence enters this space, it provides new tools along with new risks. This article highlights relevant conduct rules and potential applica tions in DV cases. Important Ethical Considerations in DV Cases The Illinois Supreme Court’s AI Policy reminds lawyers that existing ethics rules still apply when using AI—this includes DV cases. However, in DV cases, important rules are particularly applicable, and sensitive situations must be considered: l R ule 1.4 obligates lawyers to inform clients how AI is used and its related risks and costs. This is critical in DV cases, where misuse could endanger survivors. l R ule 1.5, which requires transparent, reasonable fees, is espe cially important in DV cases, as clients are often financially vul nerable. l R ule 1.6 prohibits inputting confidential client information into public unsecured AI platforms. This becomes especially impor tant when working with DV survivors who are housed in shel ters. Inadvertent disclosure of a shelter’s address on a public AI platform could have devastating consequences for these clients.

AI in Practice AI can be invaluable to lawyers and litigants in DV courts for drafting protection orders, organizing digital evidence, or high lighting communications showing stalking or coercive control. AI can also expand access to justice by assisting self-represented DV litigants with form completion, translation, and automated court reminders. AI-generated tools may support safety planning but must be used with caution. Uploading sensitive data to unsecured platforms can endanger survivors. AI-based risk scores can

AI can be invaluable to lawyers and liti gants in DV courts for drafting protec tion orders, organizing digital evidence, or highlighting communications show ing stalking or coercive control.

26 January/February 2026