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US judge criticises lawyers for AI-drafted filings in Indian national's voting case

On November 4, a US federal judge rejected a request to free Khalwinder Singh Bhengura before sentencing. The judge also warned the lawyers could face sanctions over their use of AI tools.

United States Courthouse (Natchez, Mississippi)
Representative photo: United States Courthouse (Natchez, Mississippi). Photo: General Services Administration / Wikimedia Commons, Public domain

A US federal judge has strongly criticised three lawyers for court papers he called "blatant AI slop".

The papers were filed for Khalwinder Singh Bhengura, a 70-year-old Indian national.

Bhengura was convicted on October 27 of falsely claiming American citizenship to register to vote.

He was also convicted of illegally voting in the 2024 federal election.

Key points

  • Khalwinder Singh Bhengura was convicted on October 27 of illegal voting in the 2024 federal election.
  • The judge rejected his request for release before sentencing in an order dated November 4.
  • The lawyers' motion said parts were prepared with a generative AI tool, meaning software that creates text.
  • Sentencing is scheduled for February 11, 2027.

So what exactly did the judge object to?

The lawyers asked for Bhengura's immediate release.

They argued that sentencing guidelines recommended zero to six months in prison. The judge did not agree.

US judge slams lawyers over AI-drafted filings
70 yearsBhengura's age
0 to 6 monthsRecommended prison term cited by lawyers
October 27Date of conviction
February 11, 2027Sentencing date

Graphic: News Anek, from the facts in this report

Judge Mark Pittman called this "an abysmal reading of the statute". A statute is a written law passed by lawmakers.

He also wrote that the citation was "lazy lawyering".

He said it showed the dangers of relying on AI to draft court briefs, and he expressed sympathy for prosecutors facing "defense by ChatGPT".

How did the lawyers respond to the criticism?

The lawyers rejected the criticism. They said using AI-assisted drafting tools did not break court rules.

Nicole Knox said, "We have nothing to hide." Mario Herrera said he had personally written, reviewed and finalised the filings.

He said none of the issues were frivolous.

Herrera also argued that a judge disagreeing with an argument is not the same as professional misconduct.

What happens next, and why does it matter?

The judge indicated that sanctions were warranted. But scheduling meant no hearing could take place before Thanksgiving.

Sanctions could include restrictions on practising law in the Northern District of Texas.

Bhengura's sentencing is set for February 11, 2027.

So why does this matter beyond one courtroom? Many people now use AI tools for writing at work or school.

The judge's warning is a reminder that AI-made content needs careful checking.

Explainer

What happened before

  • Khalwinder Singh Bhengura, 70, was convicted on October 27 of falsely claiming American citizenship to register to vote.
  • He was also convicted of illegally voting in the 2024 federal election. His lawyers then asked for his release before sentencing.
  • On November 4, Judge Mark Pittman rejected that request and criticised the lawyers' use of AI in their filings.

Why it matters

For readers in India, the case shows how courts abroad are now judging the use of AI tools in legal work.

What to watch next

  • The judge indicated sanctions were warranted, but no hearing could be held before Thanksgiving. Sentencing is set for February 11, 2027.

Sources