CHEROKEE COUNTY, Ga. — The Cherokee County Superior Court now requires attorneys and self-represented litigants who use artificial intelligence to prepare, draft or review court filings to disclose that use and certify the accuracy of their citations.
The new rule follows a case in Clayton County, where an assistant district attorney acknowledged using artificial intelligence to draft briefs opposing a motion for a new trial and a proposed order in a high-profile murder case.
The judges cited recent developments in the case of Hannah Payne, who was convicted of murdering Kenneth Herring after she saw him leave the scene of a minor traffic accident in May 2019.
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As reported by Channel 2 Action News, Payne followed Herring from the scene and eventually shot and killed him.
Payne sought a new trial, which the trial court denied. During her appeal, the Georgia Supreme Court discovered that the State’s filings and the trial court’s order contained citations to nonexistent cases and cases that did not support the legal arguments for which they were cited.
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The use of AI in the filings eventually led to the assistant district attorney being suspended from practicing before the Georgia Supreme Court for six months.
Now, judges in Cherokee County are requiring that any filings that use AI come with a notice sharing what tool was used and certifying that the filing and its citations have been independently reviewed for accuracy.
The rule affects all criminal and civil cases in the Blue Ridge Judicial Circuit, according to the order, signed by four Cherokee County Superior Court judges.
The standing order will be filed as a separate order in each case and serve as notice of the AI requirements.
The judges’ order says failure to comply can result in the filing being stricken, sanctions, a disciplinary referral and/or the imposition of attorney fees.
“Mistake, lack of technical expertise or time constraints will not be accepted as good faith excuses for noncompliance,” the court said. “The use of AI does not relieve any attorney or self-represented litigant of their ethical obligations and/or professional obligations.”
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