Multiple errors by California prosecutors’ offices have led defense and civil rights attorneys to argue that artificial intelligence is being used in court filings, according to The Guardian.
In filing a motion in at least one criminal case, errors referred to as “hallucinations” were found to be the result of artificial intelligence used by a California prosecutors’ office, The Guardian reported.
Additionally, in northern California, a prosecutor at the Nevada County District Attorney’s Office “recently used artificial intelligence in preparing a filing, which resulted in an inaccurate citation,” District Attorney Jesse Wilson told the Sacramento Bee, according to The Guardian. District Attorney Wilson added, “Once the error was discovered the filing was immediately withdrawn.”
The Guardian reports that in October, “lawyers for Kyle Kjoller filed a motion with the Third District Court of Appeal, calling for prosecutors to be subjected to sanctions over a number of errors in the prosecution’s filings in Kjoller’s case. Kjoller is being represented by a public defender and the non-profit Civil Rights Corps.” Without explanation, the appeals court denied the sanction.
After Kjoller’s lawyers “identified similar errors in a filing by the prosecutors’ office in another case,” they filed another appeal, which was “denied when Kjoller was convicted in his criminal case.”
According to The Guardian, Kjoller’s lawyers identified three cases in which “they say contain errors of typical generative AI.” They then filed a petition with the California Supreme Court. The court, however, has “not yet issued a decision on whether it will take up the case.”
As reported by The Guardian, Kjoller’s lawyers wrote, “Prosecutors’ reliance on inaccurate legal authority can violate ethical rules, and represents an existential threat to the due process rights of criminal defendants and the legitimacy of the courts.”
The Guardian reported that their filing identified examples of common AI errors, including instances where the prosecutors’ brief cited nonexistent quotations or misinterpreted court rulings.
A group consisting of 22 scholars, lawyers and criminal justice advocates recently filed a brief with the California Supreme Court in support of Kjoller’s case.
The Guardian reported, “In a statement to the Sacramento Bee, the Nevada County District Attorney’s Office admitted to using artificial intelligence in one of its filings, but not in Kjoller’s case. District Attorney Wilson said other mistakes were due to human error.”
According to The Guardian, Wilson said, “Prosecutors work diligently and in good faith under heavy caseloads and time constraints. […] It cannot now be assumed that every citation error stems from the use of artificial intelligence.”
He added, “At no time was there any intent to mislead the court, and any characterization to the contrary misstates the facts.”
As reported by The Guardian, after these errors were found, Wilson stated, “All of the attorneys in the office were reminded to verify all legal citations independently and not rely on AI-generated materials without confirmation from reliable sources.”
According to The Guardian, he also told The New York Times “that the office has conducted new trainings for staff and implemented an artificial intelligence policy.”
This California case is seemingly the first instance in the United States of generative AI being used by a prosecutors’ office, as reported by The Guardian. Although lawyers from Canada, Australia, the United Kingdom and the United States have all been fined for use of AI, such cases generally have not involved the prosecution.
The Guardian reported, “Researchers at the business school HEC Paris maintain a database of court cases that have included AI errors, according to the Times.” Only one of these cases, however — filed in Israel — was written by the prosecution.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
