Lawyer uses ChatGPT for murder appeal and submits testimony from witnesses who never existed, then says he didn’t know AI could hallucinate

A New Mexico defense lawyer has been held in contempt and fined $5,000 for using ChatGPT to draft a legal brief that contained entirely fabricated testimony and witnesses. This bizarre turn of events occurred during the appeal process for Oscar Renee Sandoval, who is currently serving a life sentence for the murder of the mother of his children. 

As reported by the NY Post, the Supreme Court of New Mexico issued the ruling, highlighting that the brief submitted by Stephen Aarons included fictional details, such as claims that the shooter was wearing dark pants and a white shirt. Stephen Aarons, a Santa Fe-based attorney who has been practicing law for more than 40 years, reportedly admitted to using the chatbot to summarize trial proceedings. 

He claims that he was simply unaware that the technology was capable of hallucinating facts. This excuse, however, did not sit well with the justices overseeing the case. During a hearing regarding the fraudulent brief, the court expressed significant skepticism regarding his lack of knowledge about the inherent flaws of generative AI tools.

He says it was an honest mistake

Justice C. Shannon Bacon did not hold back during the proceedings. She 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 further emphasized the gravity of the situation by stating, “Because the problem with lawyers relying on AI hallucinations is an above-the-fold story every single day.” 

Aarons claimed that he is remorseful for his actions during the process. He stated, “I am remorseful but hopeful that the disciplinary board takes into account it was an honest mistake.” He also added, “It is a lesson learned for all professionals who ⁠rely upon this powerful but sometimes unstable technology.” 

Despite these claims of regret, the state’s supreme court justices reportedly determined that he demonstrated a lack of remorse and a lack of concern for his client. Beyond the monetary fine, the justices have referred Aarons to an attorney disciplinary board for a more extensive investigation into his professional conduct.

The case involves Oscar Renee Sandoval, who was reportedly convicted last year and sentenced to life in prison after pleading not guilty to the murder of his children’s mother. The appeal that Aarons worked on was ultimately reassigned to public defender Kim Chavez Cook.