Federal Courtrooms Start Mandating Disclosure Regarding the Use of AI
Summary
Certain federal courtrooms are beginning to mandate disclosure regarding the use of AI. Judge Brantley Starr of the United States District Court for the Northern District of Texas requires certifications that “no portion of any filing will be drafted by generative artificial intelligence . . . or that any language drafted by generative artificial intelligence will be checked for accuracy” using traditional means. Judge Starr cautioned that the dangers of AI (including “hallucinations and bias”) and the lack of accountability on AI platforms (observing that, unlike lawyers, AI platforms and their creators do not “swear an oath” to the Constitution and set aside biases) would justify sanctions and the removal of filings. Similarly, Magistrate Judge Gabriel Fuentes for the United States District Court for the Northern District of Illinois issued a standing order requiring parties using generative AI tools to disclose (1) that an AI tool was used, (2) the specific AI tool and (3) the manner in which it was used. Judge Fuentes emphasized that reliance on AI tools may “jeopardize the mission of federal courts” and encouraged attorneys to exercise due diligence.
