Florida attorneys and self-represented litigants will soon be required to certify that what they cite in court exists and is accurate.
The Florida Supreme Court recently adopted new rules addressing what many in the legal and AI field have described as a growing crisis: the misuse of artificial intelligence in courtrooms. The rules take effect June 15.
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 is the chief magistrate for the Southern District of Florida and has been involved in efforts to control how AI is used in courts after its misuse became rampant in his own courtroom.
"It's really a problem," Matthewman said.
He said the situation is unlikely to improve quickly.
"Unfortunately, I see it getting worse before it gets better. I think the Florida Supreme Court's order will help in Florida, but I unfortunately have seen over the last couple years it is growing and growing and growing," Matthewman said.
Paul Figueroa is a criminal defense attorney in Tampa who recently started using AI to help improve his workflow. He said the technology is not fail-proof.
"It can be something as simple as it gives a quote that's directly on point to my case, and you go, all right, this is brilliant, this is what I've been looking for, I could have searched 300 cases and not come up with anything better than this, and then you realize that's not in the case," Figueroa said.
When asked whether the new rules go far enough, Figueroa said he believes they do.
"I do. I think it goes far enough for what we know now," Figueroa said.
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. In his apology to the court, 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."
While the judge has yet to hand down punishment, a spokesperson for the school district said it "takes accuracy and integrity in legal proceedings seriously" and they are "reviewing this matter further to determine if this attorney will be eligible for contracted services again in the future."
Earlier this year, Investigative Reporter Katie LaGrone highlighted problems with AI-generated evidence in courts, using herself as an example, while sharing real stories — like a Florida woman who said a fake AI-generated text was used to help land her in jail.
She was cleared of all charges.
A St. Petersburg woman, however, was not cleared after she used AI to create a photo of a man she claimed had burglarized and raped her. She later admitted it was fabricated.
"I lied about it," she told police.
Judge Matthewman has a warning to anyone filing court documents.
"I would caution lawyers and parties representing themselves to make sure everything you file in court is accurate, because if not, you could find yourself in hot water," he said.
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Katie LaGrone focuses on making sure Florida’s laws actually work and her investigations have gotten results. If you know of a policy or law that’s not working how it’s intended, send Katie a message below.
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