A Kenosha County judge sanctioned District Attorney Xavier Solis after finding that his office used artificial intelligence in a court filing without proper disclosure and included inaccurate legal citations.
Circuit Court Judge David Hughes struck the prosecution’s response in a burglary case Friday, ruling that Solis failed to disclose the use of AI-assisted tools and submitted what the court described as “hallucinated and false citations,” according to court records, as reported by WPR.
The ruling came in response to a defense motion seeking dismissal of charges against two Illinois men accused in a 2023 burglary investigation. Hughes ultimately dismissed the cases without prejudice, meaning prosecutors could potentially refile charges in the future.
Defense attorney Michael Cicchini, who represented one of the defendants, said the dismissal was based primarily on insufficient evidence. (RELATED: Kenosha Schools Consider Metal Detectors After Gun Incidents at High School)
“The judge actually granted my motion to dismiss on substantive grounds,” Cicchini wrote in an emailed statement. “In other words, the judge found that there was not probable cause that the defendant committed a crime. His ruling was based on the evidence the state presented at the preliminary hearing that was held about two years ago, under the previous district attorney administration.”
Court records show Hughes also criticized Solis for failing to disclose the use of AI, which is required under Kenosha County court policy. The rules mandate that attorneys must notify the court when AI tools are used in filings and verify the accuracy of any AI-generated content.
Under the policy, filers must identify the AI system used, explain how it was applied, and certify that all information has been reviewed for accuracy. The judge found Solis did not initially comply with those requirements.
In a statement to Wisconsin Public Radio, Solis acknowledged the issue but said the dismissal was unrelated to AI use.
“Our office takes accuracy, candor, and disclosure obligations seriously,” Solis wrote. “We have reviewed and reinforced our internal practices to ensure clarity and reliability in future filings, including verification of citations.”
The cases involved a 32-year-old Chicago Heights man who faced more than 20 felony charges related to alleged cargo trailer burglaries, as well as a 26-year-old Riverdale man charged in connection with the same investigation. Both cases were dismissed Friday.
Solis, elected in November 2024, previously worked as a defense attorney and had no prosecutorial experience before taking office. His administration has also faced staffing shortages, with multiple assistant district attorney positions vacant, contributing to case delays, according to court officials.
The judge’s ruling highlights growing scrutiny over the use of artificial intelligence in legal filings and the importance of disclosure and verification when AI tools are used in court proceedings. (RELATED: Records Raise Questions Over Elmbrook Referendum Planning Before Formal Vote)