Des Moines Sun

Senate Judiciary Committee Chairman Chuck Grassley addressed the Senate regarding his recent oversight into the use of artificial intelligence (AI) by federal judges. Grassley revealed that two federal judges had allowed their staff to use AI tools, which resulted in court orders containing significant errors.

Grassley described how one judge from the Southern District of Mississippi issued an order naming parties not involved in the case, misquoting statutes, and citing non-existent evidence. Another judge from the District of New Jersey released an order with fabricated quotes and incorrect statements about case law. Both judges removed these orders from public records after their mistakes were highlighted, which Grassley criticized as a lack of transparency.

"When these flagrant mistakes were brought to the courts’ attention by counsel in the cases, both judges attempted to minimize their faults. One even referred to the errors as 'clerical.' Both judges removed their orders from the docket and the public record without explanation," said Grassley during his floor speech.

He emphasized that accountability must apply equally to attorneys and judges: "Apparently, some judges think accountability runs only one way. But they are wrong."

Grassley noted that both judges responded to his inquiries and stated they would take steps to prevent similar incidents. Each attributed the errors to misuse of AI by staff members—a law student intern in one case and a law clerk in another—but Grassley argued ultimate responsibility rests with the presiding judge.

"A lawyer can’t excuse an error-ridden brief by blaming a paralegal or junior associate. Attorneys’ names go on their filings, just as judges’ names go on their orders," he said.

He also warned about possible risks for less-resourced litigants: "I fear that if this same thing happened to an indigent party or a pro se litigant, the truth may never have come to light."

Grassley called on all federal judges, as well as judicial administration bodies like the Administrative Office of the U.S. Courts and the Judicial Conference, to establish formal rules and guidance around AI use in judicial proceedings. He pointed out that Judge Cronan in the Southern District of New York has already implemented a rule requiring attorneys to disclose any use of AI and certify personal review for accuracy.

"I call on every judge in America to take this issue seriously and formalize measures to prevent the misuse of AI in their chambers," Grassley stated.

He concluded with a warning: "If this issue doesn’t get fixed by the Judiciary, we’ll step in to protect the rights of American litigants using the powers available to Congress."