State Supreme Court advises caution in use of AI

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OKLAHOMA CITY — For several years, educators have voiced concerns about students “borrowing” — i.e., plagiarizing — phrases and sentences written by others.

Those worries pale in comparison to the widespread use of artificial intelligence and its potential for fabrication.

That issue came to mind when The Supreme Court of the State of Oklahoma wrote in the Oklahoma Bar Journal that, in a decision the Justices rendered on March 23, “The increasing use of generative artificial intelligence (‘AI’) in Oklahoma courts is expected.”

Earlier this month a prestigious Wall Street law firm apologized to a federal judge for its submission of a court document that contained an abundance of errors manufactured by AI, including case citations that were fabricated.

The fictitious citations were found in a motion filed in New York’s U.S. Bankruptcy Court in Manhattan and were discovered by attorneys from an opposing law firm. The firm produced a ledger of errors that consumed three pages and totaled approximately three dozen faux entries.

Similarly, three years ago a federal judge in Manhattan fined two lawyers $5,000 for submitting a legal brief of bogus cases contrived by ChatGPT.

The American Bar Association has advised lawyers to exercise caution when using AI.

Oklahoma’s Supreme Court “does not discourage the use of AI in Oklahoma courts, provided its use complies with legal and ethical standards,” the Justices wrote. “Disclosure of AI assistance shall not be required in a legal filing.”

However, the judges reminded attorneys, “All persons filing documents in Oklahoma courts are responsible for the content and accuracy” of those documents.

Mike W. Ray is a fifthgeneration, award-winning journalist who has more than 55 years’ experience covering municipal, county, state and federal government in Oklahoma and Texas. He can be reached at mike.ray@swoknews.com.