A defense attorney in New Mexico has been fined $5,000 and held in contempt by the state Supreme Court after submitting an appeal brief that contained fake witness testimony generated by ChatGPT.
What Happened
- Invented Evidence: The court brief included false statements from non-existent witnesses, such as fabricated physical descriptions claiming the shooter wore dark pants and a white shirt.
- The Lawyer's Defence: Attorney Stephen Aarons explained he used ChatGPT to summarize trial transcripts for his client, Oscar Renee Sandoval, calling the mistake unintentional because he didn't realize AI could invent facts.
- Court's Backlash: Justices expressed disbelief that a practicing attorney was unaware of AI "hallucinations," criticizing Aarons for showing a lack of remorse and failing to protect his client's interests.
- Fallout: In addition to the $5,000 fine, the Supreme Court referred Aarons to a disciplinary board for further investigation, and Sandoval's murder appeal has since been transferred to a public defender.
While lawyers have previously been penalized for filing AI-generated briefs with fake legal citations, this case is a rare instance of an AI tool fabricating physical evidence in a major criminal proceeding.
