Attorney Penalized $5K for Using AI-Generated Witnesses in Murder Trial

New Mexico’s Supreme Court has taken action against a lawyer for incorporating AI-generated witnesses and fabricated police testimony in an appeal related to his client’s murder conviction. The court imposed a $5,000 fine on Stephen Aarons and found him in contempt for not verifying the factual claims and legal authority in his AI-generated brief.

The court’s filing highlighted that the brief included false testimonies from entirely made-up witnesses, as well as incorrect details about the shooter’s clothing and appearance. During an August hearing, Justice C. Shannon Bacon expressed disbelief that Aarons was unaware of the potential dangers of using AI, especially after he admitted to using ChatGPT in hopes of creating a “bulletproof summary” of the trial. Justice Bacon pointedly asked, “Counsel, do you watch the news? Do you listen to the radio? Do you read anything about what’s going on in the world?” She emphasized that the issue of lawyers relying on AI inaccuracies is a prominent topic in the news.

As more lawyers begin to utilize AI tools, the number of cases where courts uncover fabricated citations or “hallucinations” generated by AI is also rising. Last year, a judge criticized two law firms for submitting a brief filled with “numerous false, inaccurate, and misleading legal citations and quotations.” Additionally, lawyers representing MyPillow’s Mike Lindell faced fines for including AI-generated misquotes and fake citations in their submissions.

In response to the ruling, Aarons expressed regret but remains hopeful that the disciplinary board will consider his actions as an honest mistake.