New Mexico Supreme Court Holds Lawyer in Contempt Over ChatGPT Brief Citing Fabricated Witnesses
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The court's dispositional order in State v. Sandoval says attorney Stephen D. Aarons used ChatGPT to prepare a brief containing testimony from "wholly fabricated witnesses." He was sanctioned $5,000 and referred to the Disciplinary Board.
The Supreme Court of New Mexico has found attorney Stephen D. Aarons in direct contempt of court over a brief he filed in a criminal appeal that contained false testimony, including testimony from what the order calls "wholly fabricated witnesses." The dispositional order in State v. Sandoval, No. S-1-SC-40845, says Aarons acknowledged in his written response and at oral argument that he used the generative AI tool ChatGPT to prepare the brief in chief. The order is nonprecedential and was not selected for publication in the New Mexico Appellate Reports.
What the Brief Contained
According to the order, Aarons admitted the brief contained "false testimony from wholly fabricated witnesses," naming Officer Michelle Amarillo, Officer Sanchez, Manal Al-Jibury and Teresa Marquez. It also contained false testimony from Danny Stanton that he received threats from the defendant, false testimony from Linda Stanton about the threats her husband received, and false testimony from Mariah Chavez and Teresa Marquez about the shooter's clothing and appearance. The order says the brief also misrepresented two New Mexico Supreme Court decisions, State v. Lopez and State v. Manus.
The order distinguishes the two kinds of error. Amarillo, Sanchez, Al-Jibury and Marquez are listed as fabricated witnesses. Danny Stanton, Linda Stanton and Mariah Chavez are listed as people to whom false testimony was attributed.
What Aarons Admitted
The order says Aarons admitted he did not verify the factual claims and legal authority in the AI-generated brief before signing and filing it, that he did not tell his client about that failure or that the brief contained multiple factual and legal misrepresentations, and that he did not inform his client of the show cause proceedings or give him copies of the pleadings. Aarons appeared before the court on August 21, 2026. The court concluded that he "demonstrated a lack of remorse and a lack of concern for his client."
The Sanctions
All five justices concurred: Chief Justice Julie J. Vargas and Justices Michael E. Vigil, C. Shannon Bacon, David K. Thomson and Briana H. Zamora. The court:
- found Aarons in direct contempt of court;
- referred the matter to the Disciplinary Board;
- barred him from appearing before the court pending the outcome of any Disciplinary Board proceedings;
- appointed the Law Office of the Public Defender to represent the defendant, Oscar Renee Sandoval;
- struck all briefing filed in the appeal, with a new briefing order to follow and the case expected to be heard in the court's 2026-2027 term;
- ordered Aarons to pay $5,000 to the State Bar of New Mexico Client Protection Fund within 30 days.
The Hearing
404 Media, which quoted the court's published video of the August hearing, reports that Sandoval was found guilty earlier this year of killing his wife. It quotes Aarons telling the justices, "It's little comfort to know that my stupidity is what brings us together this afternoon," and saying he had assumed ChatGPT would produce a "bulletproof summary of proceedings." It quotes one justice: "My 13-year-old nephew knows about hallucinations. My 75-year-old stepmother knows about hallucinations."
According to 404 Media, Aarons said at the hearing that he had spoken only to his client's family members and had not mentioned ChatGPT. It quotes him: "I just said there was a problem with a brief that I filed." 404 Media also reports that Aarons told Reuters "I am remorseful but hopeful that the disciplinary board takes into account it was an honest mistake."