US appeals court considers reassigning case from judge over AI use
A U.S. appeals court has asked to hear arguments over whether a lower court judge in Mississippi should be reassigned from a case after he issued an order containing errors stemming from the use of AI.
The Fifth U.S. Circuit Court of Appeals has requested to review arguments regarding the potential reassignment of U.S. District Judge Henry Wingate from a case in Mississippi, due to errors in an order generated by AI. During a hearing, lawyers will be asked to argue whether the case should be transferred to another district judge, particularly considering the use of AI by the district court staff.
In response to a Senate Judiciary Committee inquiry, Wingate acknowledged that his staff used AI to draft court orders in unrelated cases, which were deemed "error-ridden" by then-Senate Judiciary Committee Chairman Chuck Grassley. Both Wingate and the other judge revealed that the decisions bypassed the typical review processes before being issued.
Wingate has not yet responded to a request for comment on Monday. The plaintiffs in the case, including the Jackson Federation of Teachers, and the state have yet to comment on the potential move. In July, Wingate issued a temporary restraining order blocking state officials from enforcing a ban on diversity, equity, and inclusion programs in state universities and public schools.
He subsequently revised the order after identifying numerous errors, including references to fictional information, incorrect parties, and other significant mistakes. At the time, Wingate attributed the errors to a law clerk's use of an AI tool, Perplexity, to assist in drafting the decision, stating that it was an oversight in human oversight.
The state is contesting a preliminary injunction issued by Wingate later in the case, with an oral argument scheduled for August 31.
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