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Attorney submitted fabricated testimonies from the ChatGPT tool in an appeal against a murder conviction

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Attorney Stephen D. Aarons used nonexistent witnesses and testimonies generated by the ChatGPT tool in an appeal against a murder conviction. The court imposed a $5 000 sanction on him, removed him from the case, and referred the matter to the disciplinary body.

Attorney Stephen D. Aarons submitted filings created using the ChatGPT tool in an appeal against his client's conviction for the murder of his wife. According to a ruling by the New Mexico Supreme Court, the filings contained entirely fabricated witnesses and testimonies. At the hearing, the attorney admitted that he had assumed the tool would produce a reliable summary of the court proceedings.

The fabricated testimonies included statements by nonexistent persons Danny Stanton and Linda Stanton about threats. Other fabricated statements described the shooter's clothing and appearance. The attorney also admitted that he had not directly informed his client about the use of the ChatGPT tool and had only told the family that a problem had arisen with the filing.

The court found the attorney guilty of contempt of court, referred the matter to the disciplinary body, and barred him from appearing before the court pending the outcome of its investigation. It also removed him from the case and assigned the client a public defender. The attorney must pay a $5 000 sanction to the State Bar of New Mexico Client Protection Fund.

What changed

Why it matters

The fabricated content affected the appeal of a client sentenced to life imprisonment. The case illustrates the concrete consequences of relying on unverified output from the ChatGPT tool: a financial sanction, a disciplinary investigation, and the need to change legal counsel during representation.

Two audiences, two different impacts

What this means

01

For individuals

For a lawyer, it is also essential to verify the description of factual circumstances: in this case, the output of the ChatGPT tool created entire nonexistent witnesses as well as their testimonies.

What to do Before submitting the filing, compare each named witness and their testimony against the court record.
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02

For a business

For legal service providers, an unverified court filing poses the risk of a financial sanction and interruption of representation, requiring the case to be taken over by another counsel.

Risks and compliance
What to decide Include a check of AI-generated factual claims against the case record as part of the court filing approval process.
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ChatGPT New Mexico Supreme Court Stephen D. Aarons

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Event sources

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1
404 Media (investigative tech journalism) independent context · first detected Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal