ChatGPT faked testimony in murder appeal, court finds

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A defense lawyer appealing his client's murder conviction submitted a brief containing made-up police testimony and witnesses fabricated by OpenAI's ChatGPT, New Mexico's highest court said.

The New ?Mexico Supreme Court on Wednesday fined the attorney, Stephen Aarons, and held him in contempt for failing to verify ?the accuracy of the court filing, which Aarons said he prepared with help from the AI program.

The filing "contained false testimony from wholly fabricated witnesses," ?the court said.

The panel also said Aarons had "demonstrated a lack of remorse and a lack of concern for his client." The justices fined Aarons $5,000 and said they will refer him to an attorney disciplinary board for investigation.

Aarons in a statement to Reuters said he had used ChatGPT to summarize the trial proceedings when he agreed to take up the defendant's appeal last year, ?and did not understand the degree ?to which AI could "hallucinate" facts.

"I am remorseful but hopeful that the disciplinary board takes into account it was an honest mistake," he said. "It is a lesson learned for all professionals who ?rely upon this powerful but sometimes unstable technology."

OpenAI did not immediately respond to a request for comment.

The court's sanction is the latest in a growing number of cases in which state and federal judges have disciplined lawyers for submitting court documents generated ?by AI ?tools without adequately vetting them.

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