A New Mexico defense attorney has been fined $5,000 and held in contempt for using ChatGPT to generate false testimony for a client's murder appeal.
Stephen Aarons submitted a legal brief that included fabricated details about the shooter's attire and statements from nonexistent witnesses, according to the New Mexico Supreme Court. The appeal was on behalf of Oscar Renee Sandoval, who was convicted of murdering the mother of his children and sentenced to life in prison.
Aarons admitted to using the AI chatbot to summarize trial proceedings but claimed he was unaware of its tendency to "hallucinate" or invent information. He expressed remorse, calling the incident a "lesson learned for all professionals who rely upon this powerful but sometimes unstable technology."
However, the state's Supreme Court justices expressed skepticism about Aarons's claimed ignorance. Justice C. Shannon Bacon remarked during an August 21 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 court found that Aarons demonstrated a lack of remorse and concern for his client. He will also be referred to an attorney disciplinary board for further investigation. The appeal has since been reassigned to public defender Kim Chavez Cook.