KENOSHA — A Kenosha County judge sanctioned District Attorney Xavier Solis after court records revealed he failed to disclose that artificial intelligence was used to write legal documents in a criminal case, and the AI-generated content contained incorrect information.
The unusual situation has drawn attention from criminal defense lawyers across the area, who say it should serve as a warning to legal professionals about the proper use of AI technology.
Court records show dozens of felonies that could have put alleged burglars behind bars for decades were suddenly dismissed due to a lack of probable cause. However, the dismissals weren't what caught the attention of the legal community.
The criminal court judge reprimanded Solis, the top prosecutor in Kenosha County, for not disclosing that a computer wrote part of a legal document used in the criminal case.
"It's generally one of astonishment, it's one of just concern," said Jamie Pagac, a criminal defense attorney.
When asked if this behavior is acceptable from a district attorney, Pagac responded firmly.
"Absolutely not," Pagac said. "I think district attorneys represent the state of Wisconsin, right? And with that, they should be taking extra care with any documents that they submit to the court."
Watch: Judge calls out Kenosha Co. District Attorney for failing to disclose AI use in criminal case filings
Court records show the defense attorney in the burglary case discovered the use of AI after realizing the DA cited laws in a legal response that didn't make sense. One citation was related to construction contract disputes in Nebraska, while another was described as "purely imaginary."
The judge said Solis was "using hallucinated and false citations."
"It's a good learning lesson for all of us in the legal community to review our work, to check it for accuracy," Pagac said. "These are just pillars of what we do to make sure we're giving our clients the best representation possible."
Solis responded to an interview request with a written statement that said in part: "The court addressed a citation error in a filing where AI-assisted tools were used without explicit disclosure; the issue was identified and acknowledged. Our office takes accuracy, candor, and disclosure obligations seriously."
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