New Mexico Lawyer in Hot Water Over AI-Generated Fake Testimony

A New Mexico defense lawyer used ChatGPT to help appeal a client’s murder conviction — submitting a brief with fake facts from made-up police testimony and witnesses.

Stephen Aarons was held in contempt and fined $5,000 for using OpenAI’s chatbot to create a brief that “contained false testimony from wholly fabricated witnesses,” New ‌Mexico’s Supreme Court said.

The appeal on behalf of Oscar Renee Sandoval, who is serving life for gunning down the mother of his kids, included “fictional statements that the shooter was wearing dark pants and a white shirt,” the court said Wednesday.

The Santa Fe-based lawyer — who has been in practice for more than 40 years — admitted using ChatGPT to summarize details of the trial proceedings, but claims he didn’t realize the technology was prone to “hallucinating” facts.

“I am remorseful but hopeful that the disciplinary board takes into account it was an honest mistake,” he claimed.

“It is a lesson learned for all professionals who ⁠rely upon this powerful but sometimes unstable technology.”

However, the state’s supreme court justices said the lawyer “demonstrated a lack of remorse and a lack of concern for the client” by using AI in his work.

At an Aug. 21 hearing about the made-up brief, justices had a hard time believing he was unaware of the technology’s limitations.

“Counsel, do you watch the news? ​Do you listen to the radio? Do ‌you read anything about what’s going on in the world?” Justice C. Shannon Bacon said at the ​hearing.

“Because the problem with lawyers relying on AI hallucinations is an above-the-fold story every single day.”

Aarons will also be referred to an attorney disciplinary board for further investigation, the justices said.

The attorney, who has a private practice in Santa Fe, was working on the appeal of Sandoval, who was convicted last year and sentenced to life in prison after pleading not guilty to murdering the mother of his children.

The appeal was reassigned Sept. 2 to public defender Kim Chavez Cook.

With Post wires