Lawyer Fined $5,000 for ChatGPT's Fake Witnesses
Lawyer Fined $5,000 for ChatGPT's Fake Witnesses
The News
The New Mexico Supreme Court has fined Santa Fe defense attorney Stephen Aarons $5,000 and held him in contempt after he filed an appellate brief in a murder case that was built on witnesses and police testimony invented by ChatGPT.
Aarons was punished for failing to "verify the factual claims and legal authority in his AI-generated brief," the court said in a filing Wednesday reported by Reuters.
The brief "contained false testimony from wholly fabricated witnesses," including false testimony about the shooter's clothing and appearance. The court said it included "fictional statements that the shooter was wearing dark pants and a white shirt."
The filing was part of the appeal of Oscar Renee Sandoval, who is serving a life sentence for killing the mother of his children.
Aarons, who has been in practice more than 40 years, admitted using ChatGPT to summarize the trial proceedings and said he did not know the technology invents facts. The justices also referred him to the state's attorney disciplinary board.
The Penalty
A $5,000 fine, a contempt finding, and a referral to the attorney disciplinary board for further investigation.
Timeline
Sandoval is convicted and sentenced to life in prison after pleading not guilty to murdering the mother of his children, according to the New York Post.
At a hearing on the fabricated brief, Aarons admits using ChatGPT and says he believed it would produce a "bulletproof summary" of the trial. Justices say they have a hard time believing he was unaware of the tool's limits.
Sandoval's appeal is reassigned to public defender Kim Chavez Cook.
The New Mexico Supreme Court files its order fining Aarons $5,000, holding him in contempt, and referring him to the disciplinary board.
Reactions
Justice C. Shannon Bacon, at the August hearing: "Counsel, do you watch the news? Do you listen to the radio? Do you read anything about what's going on in the world? Because the problem with lawyers relying on AI hallucinations is an above-the-fold story every single day."
The justices wrote that Aarons "demonstrated a lack of remorse and a lack of concern for the client" in using AI on the case.
Aarons, in a statement to Reuters: "I am remorseful but hopeful that the disciplinary board takes into account it was an honest mistake." He added that it was "a lesson learned for all professionals who rely upon this powerful but sometimes unstable technology."
What's Next
The state attorney disciplinary board will investigate Aarons further, the justices said.
Sandoval's appeal continues under public defender Kim Chavez Cook, who took it over on Sept. 2.
More
Courts are catching AI fabrications in filings more often as more lawyers use the tools, The Verge reported. Last year a judge criticized two law firms over a brief with "numerous false, inaccurate, and misleading legal citations and quotations," and lawyers for MyPillow's Mike Lindell were fined over AI-generated misquotes and fake citations in a brief.
What sets this case apart is the target of the fabrication: not just phantom case law, but invented witnesses and invented police testimony inserted into a live criminal appeal.
Poll
Was a $5,000 fine enough punishment for filing AI-invented testimony?
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