Pennsylvania HR 331: A Resolution recognizing the exclusive constitutional authority of the Pennsylvania Supreme Court to regulate the practice of law in this Commonwealth and urging the Court to adopt safeguards governing the use of artificial intelligence by attorneys and judges.

Bill Text

PRINTER'S NO. 2361
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No. 331
Session of
2025
INTRODUCED BY KRUPA AND BANTA, SEPTEMBER 29, 2025
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 29, 2025
A RESOLUTION
Recognizing the exclusive constitutional authority of the
Pennsylvania Supreme Court to regulate the practice of law in
this Commonwealth and urging the Court to adopt safeguards
governing the use of artificial intelligence by attorneys and
judges.
WHEREAS, Section 10(a) of Article V of the Constitution of
Pennsylvania vests the Supreme Court of Pennsylvania with the
power to prescribe general rules governing the practice, conduct
and discipline of attorneys; and
WHEREAS, Section 10(c) of Article V of the Constitution of
Pennsylvania further affirms that the Supreme Court has
exclusive authority to regulate the practice of law, including
the admission to the bar and the conduct of attorneys licensed
in this Commonwealth; and
WHEREAS, The Supreme Court has long recognized its inherent
and exclusive power to supervise the conduct of attorneys who
serve as officers of the Court to ensure the integrity of the
legal profession and the fair administration of justice; and
WHEREAS, The rapid emergence of generative artificial
intelligence, or AI, tools has introduced new and unprecedented
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risks and ethical challenges to the legal profession, including
instances across the nation of attorneys submitting court
filings containing fabricated case law, misrepresentations and
unverifiable authorities generated by AI; and
WHEREAS, Such misuse of AI, even if unintentional or
inadvertent, undermines the credibility of judicial proceedings,
jeopardizes client representation and erodes public trust in the
Commonwealth's judicial system; and
WHEREAS, The Commonwealth has an interest in maintaining the
highest ethical and professional standards among members of the
bar; therefore be it
RESOLVED, That the House of Representatives recognize the
exclusive constitutional authority of the Pennsylvania Supreme
Court to regulate the practice of law in this Commonwealth and
urge the Supreme Court to adopt safeguards governing the use of
artificial intelligence by attorneys and judges; and be it
further
RESOLVED, That the House of Representatives urge the
Pennsylvania Supreme Court to adopt rules, procedures and
educational requirements addressing the responsible and ethical
use of AI in the practice of law by both attorneys and judges,
that, at a minimum:
(1) mandate that legal filings include a signed
certification from the submitting attorney affirming that all
legal authorities have been personally reviewed and verified
for accuracy, authenticity and compliance with applicable
rules of professional conduct;
(2) classify the citation of false, fabricated or
unverifiable AI-generated legal authorities as malpractice or
professional misconduct;
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(3) direct licensing authorities and bar associations to
incorporate training on AI risks and ethical usage into
mandatory continuing legal education requirements;
(4) require judges to receive specialized education on
the limitations, risks and ethical implications of using AI
in the judicial decision-making process, including the
importance of independently verifying all legal and factual
assertions generated through AI;
(5) encourage courts to adopt procedural rules that
prohibit or limit the use of unverified generative AI in
pleadings, contracts, motions or other legal filings;
(6) direct bar associations and licensing boards to
update continuing legal education and ethics requirements to
include instruction on the risks and responsible use of AI in
the practice of law, including the preservation of client
confidentiality when using AI;
(7) provide ethical guidance for judges regarding the
use of AI-generated content in decision-making, legal
reasoning or opinion drafting; and
(8) empower disciplinary boards to impose escalating
penalties, including license suspension or disbarment, on
attorneys or judges who repeatedly misuse AI in a manner that
harms clients or the administration of justice;
and be it further
RESOLVED, That a copy of this resolution be transmitted to
the Chief Justice of the Supreme Court of Pennsylvania, the
Pennsylvania Disciplinary Board and the Pennsylvania Bar
Association for their consideration and appropriate action.
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