Nevada County prosecutors face investigation over AI-generated court errors

A California appeals court has appointed a judge to investigate whether Nevada County prosecutors should face sanctions after the use of generative AI led to falsehoods in criminal court documents. The investigation follows an incident last fall where prosecutors filed documents containing errors in four separate cases after using AI to write or proofread them.

Madison Maxwell, a former Nevada County prosecutor, filed a sworn declaration arguing against personal sanctions. She alleged that her supervisor refused to allow her to immediately report and apologize for the AI-generated mistakes to the court, defense lawyers, and suspects. Maxwell oversaw three of the affected cases, including one involving a habeas corpus petition.

The California Supreme Court previously directed the appeals court to conduct a deeper investigation into the extent of the misconduct and its impact on legal proceedings. The high court also overturned a lower court ruling, leaving the possibility open for sanctions against District Attorney Jesse Wilson. Potential consequences for sanctioned attorneys include monetary fines and reports to the State Bar of California.