The Florida Supreme Court recently adopted new rules requiring attorneys and self-represented litigants to certify that what they cite in court exists and is accurate. The rules take effect June 15 in response to what many in the legal and AI field have described as a growing crisis: the misuse of artificial intelligence in courtrooms. Fake evidence, fabricated facts and bogus case law have become so much of a concern in Florida courtrooms that the state's highest court was compelled to act. Sanctions for violations could range from a public reprimand to fines and even suspension.
Federal Judge William Matthewman, the chief magistrate for the Southern District of Florida, has been involved in efforts to control how AI is used in courts after its misuse became rampant in his own courtroom. He said the situation is unlikely to improve quickly, predicting that it will "get worse before it gets better." In Polk County, an attorney representing the Polk County School District in an ongoing lawsuit over school bus cameras was recently chastised after a judge discovered fabricated facts and cited cases that don't exist were filed as part of a motion to dismiss the case. The attorney said he used ChatGPT as a drafting and research aid but admitted there was no excuse for his failure to verify before filing. A school district spokesperson said they are reviewing this matter to determine if the attorney will be eligible for contracted services again in the future.