Judges Using AI Wrongly Is Not Just a Problem. It’s a Crisis Waiting to Happen
We now have at least two known cases where judges issued an order or opinion that included fake citations. In Georgia, an appellate court had to reverse a divorce decree because the trial judge cited case law that didn’t exist. In federal court, a judge withdrew his own opinion after a lawyer flagged several quotes and authorities that turned out to be made up.
Bloomberg Law article - Judge Withdraws Pharma Opinion After Lawyer Flags Made-Up Quotes
These weren’t harmless mistakes. They were official court rulings.
I’ve said it before. When a lawyer misuses AI, they can be sanctioned or have their pleading stricken. It’s serious, but the fallout usually ends with that case. When a judge gets it wrong, it goes further. A judge’s ruling becomes law. It sets precedent and could affect future cases.
If people start believing that judicial opinions are filled with fake law or were written by machines, we don’t just lose credibility. We lose legitimacy.
Let me be clear. This isn’t about calling out individual judges or arguing that AI has no place in the judiciary. It does. Used correctly, it can be a helpful tool. But its use demands caution and a constant awareness of our role. Judges are not editors of machine output. We are constitutional actors. Our job is to reason through the facts, apply the law, and take full responsibility for every word we write. AI can assist with citation checks, formatting, or editing. But it should never be solely relied upon or supply the reasoning.
I’m writing this for judges who are just beginning to explore AI. These early mistakes are preventable, but only if we approach this technology with humility, discipline, and a firm understanding of what cannot be outsourced.
If courts are going to use AI, we need clear policies, proper training and disciplined usage. The people who come to court deserve to know their case was decided by a human being, who did the hard work. That’s the promise of justice. And we can’t let that promise be undermined by the illusion of efficiency.
It’s time to take this seriously before the next mistake is harder to correct.
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