As Judges Admit AI Drafted Faulty Orders, Sen. Grassley Demands Oversight
Senator said the courts must prohibit machines from writing the law.
WASHINGTON, Oct. 27, 2025 — The courts learned the hard way what happens when AI drafts the law.
On Thursday, Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) released responses from two federal judges who admitted their staff used generative artificial intelligence to draft and docket erroneous court orders.
Grassley posts on X, mocking judges for AI usage.
Judge Henry T. Wingate of Mississippi’s Southern District said a law clerk used the AI tool Perplexity “strictly as a foundational drafting assistant,” but an unfinished draft was mistakenly posted to the docket as a final order. The document misquoted state law and referenced individuals who were not part of the case. “This was a mistake,” Wingate wrote. “It was a draft that should have never been docketed.”
Wingate said he removed the flawed order “to maintain the public’s trust,” explaining that “it would be confusing to leave a flawed opinion on the record.” He said his chambers have since adopted new safeguards that now required independent review of all draft opinions and printed verification of each cited case.
Judge Julien Xavier Neals of the District of New Jersey also acknowledged that AI-generated text appeared in a court order. He has now prohibited clerks and interns from using AI to draft judicial opinions and established a multi-level review policy for all written work.
Grassley called the admissions a warning sign for the courts. “We can’t allow laziness, apathy or overreliance on artificial assistance to upend the Judiciary’s commitment to integrity and factual accuracy,” he said, adding that judges must ensure AI use never undermines fairness or due process.
The Administrative Office of the Courts said it has formed an AI Task Force that issued interim guidance in July urging judges to confirm and, where appropriate, disclose any use of AI tools. Grassley said his oversight would continue until the judiciary adopts firm and transparent policies governing artificial intelligence.
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