Two federal judges have openly admitted to using artificial intelligence (AI) to draft court orders that turned out to be factually inaccurate. This alarming revelation strikes at the very foundation of our judicial system, where integrity and accuracy are paramount.
Senate Judiciary Committee Chairman Chuck Grassley (R-IA) made it clear: “Honesty is always the best policy.” He commended Judges Wingate and Neals for owning up to their mistakes but emphasized the urgent need for accountability. The integrity of our judicial process demands that every judge ensures generative AI does not infringe on litigants’ rights or compromise fair treatment under the law. We must forge ahead with decisive policies and guidelines to prevent laziness or overreliance on technology from undermining the courts.
The AI-generated inaccuracies stemmed from prior draft opinions that were never intended for public release. This represents a troubling trend—judges who have been vigilant in scrutinizing lawyers for AI use in court filings are now facing their own failures. As noted, some judges are even resorting to fines and sanctions against lawyers who incorporate AI in legal proceedings.
Judges Neals and Wingate admitted their rulings bypassed the necessary review processes, with Neals clarifying that a June 30 draft decision was mistakenly released due to human error. He disclosed that an intern had used OpenAI’s ChatGPT for legal research without authorization, violating chamber policy designed to maintain the integrity of their work.
Neals has since implemented a strict written policy against the use of generative AI for drafting opinions, making it clear that past verbal warnings will not suffice. Wingate also acknowledged a mistake when a law clerk used AI to synthesize information on a case, calling it a “lapse in human oversight” and vowing to prevent such oversights in the future.
Action is essential. Our judiciary must maintain unwavering standards of factual accuracy, and any reliance on codified assistance must be rigorously managed. There is no room for error when it comes to upholding justice and the rule of law. The commitment to integrity within our legal system should be non-negotiable. The American people deserve nothing less.
