The Arkansas Supreme Court issued Administrative Order No. 25 on December 11, 2025, creating binding regulations for the use of generative artificial intelligence tools with confidential court data. The order, effective immediately, represents one of the first comprehensive state-level attempts to regulate AI use within the judicial system.
The court initially published the proposed order for public comment on June 5, 2025, specifically addressing concerns about generative artificial intelligence use with sensitive court information. The comment period closed without substantive feedback from the legal community, leading to the order's adoption as originally proposed.
Administrative Order No. 25 establishes a framework of awareness requirements for all court system participants. The order mandates that anyone entering client or court data into electronic systems that use generative artificial intelligence must understand the potential risks and implications of such use.
The order specifically addresses data retention concerns with AI systems. It requires users to recognize that certain GAI tools retain submitted data and use it to continue building their large language models. This data becomes part of what the order describes as the system's database, potentially making confidential information accessible to unauthorized parties.
The regulations distinguish between public and private large language models. Public LLMs, such as OpenAI's GPT or Anthropic's Claude, are accessible to anyone and typically hosted by third parties. Private LLMs are deployed and controlled by individual organizations, operating on their own infrastructure or cloud accounts. The order requires users to determine whether AI systems are retaining and using confidential or sealed data before inputting sensitive information.
The Arkansas Supreme Court emphasizes that disclosure of confidential or sealed information, whether intentional or inadvertent, may violate multiple established rules and regulations. The order references Arkansas Supreme Court Administrative Order No. 19, which limits access to certain court records and data. It also cites various Arkansas Code statutes that restrict access to court records and the Arkansas Rules of Professional Conduct.
The adoption of Administrative Order No. 25 reflects growing concerns within the legal profession about AI technology's impact on attorney-client privilege and court confidentiality. Legal professionals increasingly use AI tools for research, document drafting, and case analysis, but these systems often retain inputted data for training purposes.
The order places responsibility on individual users to understand the technology they employ. Rather than prohibiting AI use entirely, the regulations require informed decision-making about when and how to use these tools with sensitive information. This approach recognizes AI's potential benefits while addressing legitimate privacy and confidentiality concerns.
Legal ethics experts have noted that the order aligns with existing professional responsibility requirements. Attorneys already have obligations to protect client confidentiality and maintain the security of sensitive information. The administrative order extends these duties to encompass AI technology use.
The regulations apply to all court system participants, not just attorneys. This broad scope includes judges, court staff, litigants, and other individuals who may interact with court data systems. The comprehensive coverage reflects the widespread adoption of AI tools across various aspects of legal practice and court administration.
Implementation of the order begins immediately, requiring court system participants to assess their current AI tool usage. Organizations may need to review existing technology policies and provide additional training to ensure compliance with the new requirements.
The Arkansas Supreme Court's action may influence similar regulatory developments in other jurisdictions. As courts nationwide grapple with AI technology's implications, the Arkansas approach offers a model for balancing innovation with confidentiality protection.
Legal technology vendors may also face increased scrutiny regarding their data retention and usage policies. The order's emphasis on distinguishing between public and private AI systems could drive demand for more secure, private deployment options.
The administrative order represents a proactive approach to emerging technology regulation. Rather than waiting for problems to arise, the Arkansas Supreme Court has established preventive guidelines to protect sensitive information while allowing continued AI innovation in legal practice.
Compliance with Administrative Order No. 25 will require ongoing vigilance from court system participants. As AI technology continues evolving, users must stay informed about the capabilities and limitations of the tools they employ with confidential information.