AI-assisted translation tools are being utilized in court systems to address language barriers, improve efficiency, and maintain public trust through effective governance, human involvement, and ethical guardrails
Key insights:
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AI-assisted translation toolsare being utilized in court systems to address language barriers, improve efficiency, and maintain public trust through effective governance and human involvement.
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Orange County Superior Courtdeveloped its CAT system to address translation issues, starting with Spanish and Vietnamese languages.
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Establishing ethical guardrailsis essential for the successful deployment of AI-assisted translation tools to build confidence and maintain public trust.
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New ways of utilizing AI are showing up in the nation’s court system regularly. Recently, an AI-assisted victim impact statement made its way into the courtroom at a sentencing hearing. Still, less publicized AI innovations, such improving internal workflows within courts and influencing evidence in trials, are arising across court systems around the world every day.
Yet one of most debated areas of AI use in courts in the United States involves the fundamental challenge of providing timely and accurate language access for individuals with limited English proficiency. The National Center for State Courts (NCSC) and the Thomson Reuters Institute, through their partnership on AI Policy in the Law and Courts, hosted a recent webinar focused on how AI can assist in the translation of written documents from one language to another. (The webinar did not address in detail how AI can support interpretation, or spoken-language conversion from one language to another.) However, the webinar captured key insights from experts on how AI-assisted translation of documents can enhance court services, the pros and cons of using these tools, and the critical risks that must be managed.
Indeed, a core challenge facing courts today is a critical shortage of qualified human translators and interpreters. Not meeting these language demands creates substantial barriers to due process and potentially affects many individuals’ liberties, housing rights, access to justice, and other fundamental legal protections, while simultaneously undermining public trust in the judicial system.
“There’s a very high demand for translators and interpreters, and a shortage of both, particularly in less common language pairs and more rural areas,” said Florencia Russ, an American Translators Association certified translator and CEO of Transcend Translations. “If there isn’t a translator and interpreter available, that can mean that hearings have to be postponed… [and] people may spend more time in limbo.”
Using AI to pioneer translation
To address this long-standing translation issue, courts are turning to AI-powered tools that are specifically designed for use by court systems — something the Orange County Superior Court saw firsthand. After testing other tools to address language barriers in the justice system, the Superior Court took the initiative to develop its Court Application for Translation (CAT) system, powered by Microsoft Azure, according to Deputy COO Blanca Escobedo.
Orange County developed the system with the Spanish and Vietnamese languages first and trained the model using court-specific terms and words. The court system took a thoughtful approach with robust governance, oversight, and input from multidisciplinary teams, said Escobedo, adding that the project’s first phase focused on low-risk use cases, mainly translating educational materials and video scripts. Later phases will concentrate on collaborative court essays and juvenile reports that typically run longer than 100 pages.
Escobedo explained how rigorous quality control has been a key pillar of CAT outputs since its inception, which was essential to ensure trust and confidence in the output. Each output then is reviewed by certified translators and given a score to assess the performance of the AI-assisted translation. Results showed 80% of Spanish translations were usable as-is (with 17% requiring minor corrections, and 3% containing major errors); while Vietnamese translations achieved 57% accuracy (with 39% needing minor adjustments, and 4% with major errors). The difference reflects the greater availability of Spanish training materials.
Governance, human involvement & ethical guardrails
As the webinar pointed out, effective governance, human participation, and ethical guardrails are all key ingredients for the effective deployment of AI-assisted translation tools to build confidence and maintain the trust of the public. Grace Spulak, Principal Court Management Consultant at NCSC, outlined the consequences of using AI-assisted translation tools without deploying such safeguards. “If people do not feel the information they are getting from the courts is accurate and reliable, people will not trust the courts,” Spulak said. “They won’t look to the courts as a source of authority, and they won’t use information that they get from the courts.”
Spulak, Russ, and Escobedo outlined the necessary mechanisms to ensure public trust is maintained with translated documents using AI, including:
Effective governance — Spulak, who is leading NCSC’s efforts to provide guidance on AI translation, recommends that courts have policies in place “if they are going to use AI in any context for translation, so that people understand what it is the court is doing and what things are being translated.” These protocols should have “clear limits on how AI is used, how it will be reviewed, and how the court will ensure that it’s providing quality translations to folks,” she adds. In addition, there should be established guidelines for implementation, human review processes, and feedback mechanisms from internal and external stakeholders.
Humans in the loop for accuracy and quality control — Having individuals review outputs and oversee development, testing, and ongoing quality control are vital mechanisms for using AI to translate documents. “There has to be a human in the loop who has read and has done machine-translation, post-editing to ensure that that those translations are accurate” for effective use in a legal context, explained Russ, of Transcend Translations.
Transparency — The concept of transparency forms the cornerstone of ethical AI translation implementation in courts. Escobedo described how the Orange County Superior Court is purposeful in how it deploys AI assisted translation. In the court’s process, information is shared with executive and judicial leadership to ensure there is a level of comfort with the solutions the court is developing. This includes clearly informing users when AI translation has been used through disclaimers on documents and maintaining open communication with staff and the judiciary. In this way, transparency is enhanced when there are “clear guidelines for how a document translated with AI-assisted translation has to be disclosed, where it is disclosed, and whether it be a watermark or an oral declaration,” Russ said.
Privacy & security — Privacy and security considerations are equally critical. Orange County’s approach demonstrates best practices with an on-premises solution that’s protected by firewalls, ensuring that confidential information remains secure. Additionally, reviewers sign confidentiality agreements to provide another layer of protection.
Using AI’s powerful capability… with caveats
AI-assisted translation has improved language access in courts and addressed resource constraints while enhancing efficiency. Indeed, Orange County’s CAT tool resulted in “a reduction in translation expenditures” and significant improvement in turnaround times, noted Escobedo.
For other courts, the Orange County Superior Court’s approach to AI-assisted translation can serve as a guide for thoughtful implementation through transparency, phased rollout, and continuous quality assessment. Courts modelling their efforts based on the experience of Escobedo and the CAT application will need to balance innovation in order to address a lack of language access within court systems while still actively identifying and mitigating the risks associated with such innovation.
With careful planning and commitment to quality, courts can harness AI to enhance justice for all community members, but as former Minnesota State Supreme Court Chief Justice Bridget Mary McCormack said in concluding the webinar: “We are still at a stage where we want humans supervising this work, and we want humans who are certified and experts to be the ones supervising the work.”
You can view the most recent webinar about generational shifts in the court workforce, featuring insights from the latest joint research by the TR Institute and the NCSC here.