Oregon Court of Appeals Tracks Resource Drain from AI Filings

Chief Judge Erin C. Lagesen of the Oregon Court of Appeals issued a public rebuke regarding the rapid increase of court filings containing fake information generated by artificial intelligence. Lagesen reported that both lawyers and self-represented litigants are submitting fabricated authority, which creates a significant drain on court resources.

To quantify the impact, Lagesen directed court staff and judges to track the time spent addressing these errors. This accounting will be used to show the level of resources consumed by generative AI misinformation. The court warned that submitting non-existent cases or fake quotations could result in the striking of filings, monetary sanctions, or the dismissal of appeals.

The warnings follow several high-profile sanctions in Oregon. These include a $10,000 fine for 15 fabricated citations in a marijuana license case and an $8,000 fine for fabricated quotations. Additionally, U.S. Magistrate Judge Mark D. Clarke issued a $110,000 penalty in federal court to two attorneys for filing briefs with non-existent cases.

Supporting these judicial actions, the Oregon State Bar previously released guidance requiring lawyers to maintain professional competence when utilizing AI technology to manage the evolving risks associated with these tools.