Hawkeye Reporter

Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) has released responses from two federal judges and the Administrative Office of the Courts (AO) after it was revealed that generative artificial intelligence (AI) was used to draft court orders containing factual errors.

Judge Henry T. Wingate of the U.S. Southern District of Mississippi and Judge Julien Xavier Neals of the U.S. District of New Jersey acknowledged that their staff used AI tools to prepare orders that included misquoted state law, references to individuals not involved in the cases, and fabricated quotes attributed to defendants.

Grassley commented on the admissions, stating, "Honesty is always the best policy. I commend Judges Wingate and Neals for acknowledging their mistakes and I’m glad to hear they’re working to make sure this doesn’t happen again... Each federal judge, and the judiciary as an institution, has an obligation to ensure the use of generative AI does not violate litigants’ rights or prevent fair treatment under the law. The judicial branch needs to develop more decisive, meaningful and permanent AI policies and guidelines. We can’t allow laziness, apathy or overreliance on artificial assistance to upend the Judiciary’s commitment to integrity and factual accuracy. As always, my oversight will continue."

In response to Grassley's inquiry, both judges have taken steps to prevent similar incidents in the future. Judge Wingate now requires all draft opinions, orders, and memos to undergo a second independent review and mandates that all cited cases be printed and attached to final drafts. Judge Neals has established a written policy prohibiting law clerks and interns from using AI when drafting opinions or orders; he also introduced a multi-level review process for opinions.

The AO informed Grassley about its recently formed advisory AI Task Force, which issued interim guidance on July 31, 2025. This guidance offers general recommendations permitting experimentation with AI tools while encouraging users to consider whether disclosure of AI use is necessary. These guidelines are temporary measures until more comprehensive policies are established.

The Senate Judiciary Committee maintains oversight over federal courts and related matters. Incidents involving errors caused by artificial intelligence have raised concerns about the reliability of judicial decisions.