Implications of automated judgement drafting on the right to a fair trial: analysing the ‘Frauke’ use-case

The Frankfurt District Court recently deployed Frauke, an artificial intelligence tool which supports judges by automating the process of drafting written judgements in airline passenger cases. While this technology offers clear productivity benefits, it also generates novel questions relating to the fundamental rule of law values underpinning the judiciary. Accordingly, the purpose of this article is to closely examine the implications of automated judgment drafting on a particular fundamental value, that of the right to a fair trial. It is contended that, despite effectively fostering accessibility and efficiency within the courts, Frauke poses serious risks to the independence and impartiality of the judiciary. Nonetheless, it is suggested that such risks, in this particular context, might be mitigated through strategies such as building public trust in algorithmic tools, ensuring algorithmic transparency, effectively training algorithmic operators, and auditing algorithmic outcomes.