Does Arizona require attorneys to disclose AI use in state court filings? No. Arizona's Supreme Court issued an internal AI policy in October 2024, but it applies to court personnel — not attorneys filing documents. There's no statewide disclosure mandate for lawyers, no certification requirement, and no standing order from the Arizona judiciary requiring AI-related attestations in filings.
For managing partners at Arizona firms, the distinction matters. The Supreme Court's policy shows the judiciary is thinking about AI governance, but it's aimed inward — at clerks, staff attorneys, and judicial employees. Attorney obligations still flow from the Arizona Rules of Professional Conduct, not any AI-specific filing rule.
Arizona Supreme Court's October 2024 AI Policy
In October 2024, the Arizona Supreme Court adopted an internal policy governing AI use by court personnel. The policy addresses how judicial branch employees — including clerks, staff attorneys, and administrative staff — should handle generative AI tools. It covers data security, confidentiality of court records, verification requirements for AI-generated work product, and prohibited uses of AI in judicial operations. This is an operational policy for the court system's own workforce, not a rule directed at the practicing bar. Attorneys don't need to certify compliance with it.
Why Arizona's Policy Doesn't Create Attorney Filing Requirements
The October 2024 policy is explicitly scoped to court personnel. It doesn't amend the Arizona Rules of Civil Procedure, the Arizona Rules of Professional Conduct, or any local court rules. Attorneys filing in Arizona state courts face no AI-specific disclosure obligation under this policy. The confusion arises because other states — like Texas's Fifth Circuit or California's Proposed Rule 8.3 — have issued rules targeting attorney filings directly. Arizona hasn't taken that step. The court addressed its own house first.
Existing Ethics Rules That Govern AI Use by Arizona Attorneys
Arizona attorneys using AI tools are still bound by the Arizona Rules of Professional Conduct. Rule 1.1 (Competence) requires understanding the tools you use — including their limitations. Rule 1.6 (Confidentiality) prohibits inputting client data into AI tools without appropriate safeguards. Rule 3.3 (Candor) means you can't submit AI-hallucinated citations, period. Rule 5.3 (Supervision of Nonlawyer Assistants) extends to AI tools treated as assistive technology. The State Bar of Arizona hasn't issued a formal AI ethics opinion yet, but these existing rules provide a functional compliance framework.
Federal Courts in Arizona vs. State Court Requirements
The District of Arizona (covering the entire state) has seen individual judges issue AI-related standing orders or incorporate AI provisions into case management orders. These federal requirements apply only in federal court — not in Arizona Superior Court or other state courts. But attorneys who practice in both systems need to track the difference. A firm handling litigation in Maricopa County Superior Court and the District of Arizona in Phoenix faces two different compliance landscapes separated by a few city blocks. Federal filings may require AI certification; state filings currently don't.
What Arizona Firms Should Do Now
Build your protocol before the rule arrives. First, implement citation verification for all AI-assisted research — Arizona's candor rules already require this. Second, establish data security protocols for AI tool usage that comply with Rule 1.6 confidentiality requirements. Third, watch the Arizona Supreme Court — an internal policy for court personnel often precedes attorney-facing rules by 12-18 months. Fourth, check individual judge requirements in your practice courts — some Arizona judges may impose AI disclosure requirements through case management orders even without a statewide rule. Fifth, document your firm's AI policy in writing — when Arizona eventually moves to formal attorney requirements, having an established protocol will put you ahead.
The Bottom Line: Arizona's Supreme Court AI policy (October 2024) governs court personnel only — not attorneys. There's no statewide AI disclosure requirement for filings. But existing ethics rules on competence, confidentiality, and candor fully apply to AI-assisted legal work, and a formal attorney-facing rule may follow.
AI-Assisted Research. This piece was researched and written with AI assistance, reviewed and edited by Manu Ayala. For deeper takes and the perspective behind the research, follow me on LinkedIn or email me directly.
