Justices Say Legislature's Brief Contains Inaccuracies, Raises AI Hallucination Concern

At the outset of the argument, the presiding justice addressed the parties for the record and said the Legislature's brief contains "several inaccuracies, at least some of which severely impact the substance of its arguments." The court enumerated examples (misquoted paragraphs, non-existent cases and misplaced citations) and said, "Based on the number and type of inaccuracy in the legislature's brief, it appears likely that these errors are due to AI hallucinations."

The court cited its AI policy, effective 05/01/2025, and reminded counsel that the rules of professional conduct apply fully to use of AI technologies. The court said it will review any potential misconduct on the part of the Legislature's counsel and take appropriate measures in a separate order or proceeding.

The court then proceeded to hear argument on the merits. The statement places the reliability of one party's brief under scrutiny and signals that the court will consider adherence to ethical obligations concerning AI‑assisted drafting when it issues its written order.