Artificial intelligence is now appearing inside the justice system. Bloomberg Law reported that federal judges issued rulings containing citations that did not exist. After lawyers raised concerns, the courts corrected the orders and notified the Senate Judiciary Committee.
How AI Is Being Used in Legal Work
Lawyers, clerks, and even judges are using generative AI tools to draft documents, summarize issues, and locate cases. Some courts allow limited use if a human verifies the work. Others have taken a stricter approach.
In the Northern District of Texas, Judge Brantley Starr requires every attorney who files a document in his court to sign a certification stating they did not use generative AI, or that they verified every citation. Reuters covered the certification requirement. The concern is simple: AI tools can invent case names, legal rules, and quotes that appear accurate, but are not real.
What Is a Case Hallucination?
A case hallucination happens when an AI system produces a citation to a case that does not exist, or gives a false quote from a real case. AI tools predict language based on patterns, not legal truth. A document may look professional while being factually wrong. In the legal world, a made-up citation is more than a mistake. It can mislead a court and damage the record.
Federal Judges Have Now Admitted It Happened
According to Bloomberg Law, federal judges Julien Xavier Neals and Henry Wingate admitted that rulings filed in their courts contained made-up details because staff used AI tools in the drafting process. Their corrections were filed after lawyers raised concerns. Some quotations could not be found in actual case law, and some cited cases did not exist. After the errors were discovered, the orders were withdrawn and replaced. Senator Chuck Grassley requested written explanations and called for clear rules to protect the justice system.
What Defense Attorneys and Defendants Should Do
If you receive a ruling in a criminal case, post-conviction hearing, or federal appeal, do not assume the citations are correct. Lawyers and defendants should:
– Verify every cited case in Westlaw, Lexis, Bloomberg, or the official reporters.
– If a citation cannot be found, treat that as a serious red flag.
– Consider filing a motion for reconsideration if the ruling relies on a non-existent or incorrect case.
– Review opposing filings for unverified AI use or citation errors.
More courts are adopting specific rules about AI use in filings. Legal industry observers are tracking the trend. Lawyers should check local court policies before filing.
How Guest & Gray Can Help
Our Criminal Defense and Federal Criminal Appeals team reviews rulings for accuracy, checks citations, and challenges defective orders when necessary. If you received a ruling and want it reviewed, we can determine whether the law was applied correctly.
Learn more about our federal criminal defense work: Federal Criminal Cases
Attorney Jeremy Gordon is nationally recognized for federal post-conviction work and federal appeals. Read his full bio
Guest and Gray Law Firm handles trials, appeals, and post-conviction relief in federal and state courts. Contact us for a confidential consultation.
