New Mexico attorney Stephen D. Aarons faces a $5,000 fine and a contempt finding from the New Mexico Supreme Court after he submitted an appellate brief containing false testimony from fabricated witnesses. Aarons used OpenAI's ChatGPT to help prepare the brief for Oscar Renee Sandoval, who is appealing a murder conviction and life sentence. The court's order stated that the filing included "false testimony from wholly fabricated witnesses."
The fabricated content included nonexistent individuals named Danny Stanton and Linda Stanton, who were attributed with statements regarding threats. Additional AI-generated statements in the brief pertained to the shooter's clothing and appearance. Aarons admitted to feeding a computer-generated trial transcript and other case documents into ChatGPT, expecting it to produce a "bulletproof summary." However, he filed the brief without verifying the accuracy of the AI's output.
Justices on the New Mexico Supreme Court expressed dismay at Aarons' reliance on the AI without verification. Justice C. Shannon Bacon questioned Aarons' awareness of AI's propensity to generate false information, noting that the issue of AI hallucinations in legal filings is frequently reported. The court referred Aarons to the Disciplinary Board for further investigation and barred him from appearing before the court pending the board's decision. Aarons has since been removed from Sandoval's case, and a public defender has been assigned.
Aarons told Reuters that he was remorseful and considered the situation an honest mistake, calling it a lesson for professionals using AI tools. The New Mexico Supreme Court, however, cited his "lack of remorse and a lack of concern for his client" in its ruling. This case is one of a growing number of instances where legal professionals have faced discipline for submitting AI-generated court documents without adequate review. While prior cases have involved AI fabricating case citations or misrepresenting legal quotes, Aarons' situation is notable for its inclusion of fabricated witness testimony in a criminal appeal. Sandoval's appeal remains pending.