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Judges Escalate Sanctions for AI ‘Fake Case’ Filings as Bar Counsel Issues New Warning

Judges now label the misuse of unvetted AI an epidemic, prompting fines, fee awards, referrals, client-notice orders.

Overview

  • U.S. District Judge Terry Moorer publicly reprimanded Alabama attorney James A. Johnson, fined him $5,000 to the CJA fund, ordered him to inform clients, and referred him to the court’s advisory panel after filings used Ghostwriter Legal to produce fabricated citations.
  • Moorer noted the case involved publicly funded appointed counsel and warned that replacing counsel increases costs, calling the spread of fake citations an ongoing epidemic.
  • New York Supreme Court Judge Joel Cohen granted sanctions after defense counsel Michael Fourte submitted AI‑hallucinated citations in a brief and then doubled the mis-cites in his opposition, with the court stressing that candor cannot be delegated to software.
  • Cohen awarded the plaintiff attorneys’ fees for the added work to unravel bogus authorities and directed that the decision be reported to the New Jersey Office of Attorney Ethics.
  • The Massachusetts Office of Bar Counsel issued new guidance urging strict verification and supervision of AI-assisted filings, warning that courts are ratcheting up sanctions for fabricated citations.