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Judges and Judiciary

May 19, 2025

AI v. Judicial transparency

AI tools risk undermining judicial legitimacy by offering conclusions without transparent reasoning--but troubling evidence shows that some human judges also fail to consistently apply legal principles, especially in emotionally charged "bad guy" cases, suggesting that AI may sometimes deliver more impartial outcomes.

Myron Moskovitz

Legal Director
Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

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AI v. Judicial transparency
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The Daily Journal recently (4/3/25) ran a piece titled "The invisible co-judge: How AI tools could silently transform judicial reasoning," by James Mixon, managing attorney of the California Court of Appeal, 2nd District.

Mixon is troubled by two recent federal appeals court opinions where the authoring judges confessed to...

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