The Illinois Appellate Court for the Fourth District issued a decision that marks the first time an Illinois court at this level has addressed attorney misuse of artificial intelligence. While the sad underlying matter involved the termination of parental rights, the appellate decision is noteworthy for another reason: the use of fictitious legal citations generated by AI.
The Appeal
Respondent appealed from a trial court’s order terminating her parental rights to her two minor children. The appeal raised several arguments, including challenges to the trial court’s findings on unfitness and best interests, a due process claim regarding self-representation, and a claim of ineffective assistance of counsel. The appellate court ultimately affirmed the trial court’s decision. However, the focus of the opinion shifted when the court found irregularities in the appellate briefs that respondent’s appointed counsel had filed.
The Court’s Review of the Briefs
After reviewing the briefs, the court noticed that eight cited cases did not exist. The court ordered counsel to explain the source of these citations and to appear in person. Counsel responded by acknowledging that five of the cited cases were fictitious. He explained that he had used AI to assist in drafting the brief and did not independently verify the citations it produced. For the remaining three cases, which were real, the court found that the actual content did not support the legal arguments presented in the brief.
The Role of AI and Legal Responsibility
The court’s opinion noted that AI tools such as generative chatbots can assist legal professionals but must be used with caution. Citing recent guidance from the American Bar Association and the Illinois Supreme Court’s new AI policy, the court emphasized that attorneys are responsible for reviewing and verifying all material submitted to a court, regardless of how it was generated.
The court concluded that the attorney had not reviewed the AI-generated citations and that this lack of verification resulted in inaccurate filings. It clarified that while use of AI is not prohibited, reliance on unverified outputs can compromise the integrity of legal proceedings.
Sanctions Imposed
Rather than striking the briefs, the court chose to address the appeal on the merits but imposed monetary sanctions under Illinois Supreme Court Rule 375. It ordered the attorney to (1) return the $6,925.62 he had been paid by Sangamon County for his representation, (2) pay an additional $1,000 fine to the appellate clerk, and (3) submit a copy of the opinion to the Illinois Attorney Registration and Disciplinary Commission.
The court noted that these measures were intended to ensure accountability and to reinforce the expectations surrounding the use of AI in court proceedings.
In re Baby Boy, — N.E.3d —, 2025 WL 2046315 (Ct. App. Ill. 4th Dist., July 21, 2025)