Minor quibble: I think the majority of bias would creep in when training, not necessarily during writing the code. If trained on biased data you'll get biased results. RLHF by it's nature is likely to introduce bias, but maybe bias most are ok with, but maybe not lawyers. Later, while actually serving responses, it's possible that OpenAI/others introduce checks for certain things (e.g. does the input contain the word 'gun'? If so refuse to answer) that are also sources of bias. In theory you could also taint the responses by changing the prompt, but that seems unlikely.
All this just to say that I think the judge is right to do this, his bias argument is a bit of a miss.