法官在裁决中完全依赖人工智能受司法豁免权保护,法院裁定
Judge relying wholly on AI in order is covered by judicial immunity, court rules

原始链接: https://reason.com/volokh/2026/08/17/judges-allegedly-relying-wholly-on-ai-in-order-is-covered-by-judicial-immunity-court-rules/

在 *Phillips v. Parlade* 一案中,美国联邦地方法院法官驳回了一起针对州法院法官的诉讼。原告指控该州法官做出的裁决完全基于人工智能。 原告辩称,法官将决策权让渡给人工智能,属于越权行为,因此丧失了司法豁免权。然而,法院驳回了这一主张,并指出发布裁决——无论其背后的程序如何——都是法官在审理案件过程中履行的一项典型司法职能。根据既定框架,该行为仍属于“司法性质”,被告享有绝对司法豁免权。 法院明确表示,联邦民事诉讼并非挑战州法官程序方法的适当途径。尽管诉讼当事人可以通过州上诉程序、调卷令或司法纪律处分程序来表达对法官依赖人工智能的担忧,但司法豁免原则禁止在联邦地方法院对此类主张进行诉讼。因此,即使有关使用人工智能的指控属实,该法官也不承担民事责任。

最近的一项法院裁定明确指出,法官享有司法豁免权,即便他们被指控完全依赖人工智能(AI)来做出裁决,该项豁免权依然适用。此案在黑客新闻(Hacker News)上引发了广泛讨论,尽管评论者强调法院并未核实 AI 是否真的被使用,但法院重申了法官不会因其司法行为而承担个人民事诉讼责任。 许多用户认为,尽管民事豁免权是绝对的,但这并不意味着法官可以免于问责。诉讼当事人的适当救济途径包括通过上诉程序挑战错误裁决,以及向州律师协会或纪律委员会提出申诉,以寻求吊销其执业资格或暂停其执业许可。 讨论还涉及了对美国司法系统更广泛的质疑,一些评论者强调了罢免法官的高门槛以及上诉过程中固有的困难,这些往往需要耗费大量的时间和金钱。虽然有些人将此话题与近期媒体对法律领域 AI 的描述联系起来,但另一些人指出,核心问题依然在于现行的挑战司法行为的程序限制。
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原文

From Wednesday's decision in Phillips v. Parlade, by Judge Gloria Navarro (D. Nev.), where a litigant sued a state court judge in his case:

Plaintiff … argu[es] that judicial immunity does not apply in this matter because Defendant unlawfully delegated her official decision-making duties when she relied wholly on artificial intelligence to issue a judicial ruling, without any discretionary human thought, such that her actions cannot be considered a "judicial act." Plaintiff further argues that because Defendant delegated 100% of her decision-making duties, the rulings were in clear absence of all jurisdiction.

Judges enjoy absolute immunity from civil liability, even if their action was in error, done maliciously, or in excess of their authority. Judicial immunity applies unless the challenged conduct is accompanied by a clear absence of all jurisdiction or where the challenged conduct is not judicial in nature. Courts determine whether an act is judicial in nature by considering whether: (1) the act is a normal judicial function; (2) the events occurred in the judge's chambers; (3) the controversy centered around the case pending before the judge; and (4) the events at issue arose out of confrontation with the judge in his or her official capacity.

Here, Plaintiff alleges that Defendant issued a judicial decision in his state court case by relying wholly on artificial intelligence. Issuing a judicial ruling is clearly a normal judicial function and the controversy at issue centered around Plaintiff's state court case pending before Defendant. Moreover, there are no allegations that the events occurred outside Defendant's chambers. The challenged conduct is therefore judicial in nature. Furthermore, Plaintiff provides no case law or authority to support a finding that the challenged conduct was accompanied by a clear absence of all jurisdiction. Thus, Defendant is entitled to judicial immunity and this case must be dismissed.

Naturally, I can't speak to whether the allegations against the state judge are correct. But the federal decision in this case is that, as a matter of law, even if the allegations are correct and she had indeed relied entirely on AI in making her decision, she can't be sued for that in federal court.

Such objections to a state judge's actions can of course be raised on appeal to a state appellate court (or through various appeal-like remedies, such as petitions for a writ of mandamus or the like). And they can be raised in state court disciplinary proceedings. But, according to this case, they can't be raised in a federal district court lawsuit against the state court judge.

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