In re Miller (2026)

Case details
Full caption
IN RE PAULA M. MILLER, Relator
Country
United States
Jurisdiction
Texas (TX)
Court
Texas Supreme Court
Decided
2026
IN RE PAULA M. MILLER, Relator, Not Reported in S.W. Rptr. (2026) © 2026 Thomson Reuters. No claim to original U.S. Government Works.12026 WL 1137938Only the Westlaw citation is currently available.SEE TX R RAP RULE 47.2 FORDESIGNATION AND SIGNING OF OPINIONS.Court of Appeals of Texas, Dallas.IN RE PAULA M. MILLER, RelatorNO. 01-26-00319-CV|Opinion issued April 23, 2026Original Proceeding on Petition for Writ of MandamusPanel consists of Chief Justice Adams and Justices Caugheyand Morgan.Adams, C.J., concurring.CONCURRING OPINIONTerry Adams Chief Justice*1 I write separately to note that the mandamus petitionhere has attributions and quotations to caselaw which stronglyappear to be AI-fabricated hallucinations. Filing a documentin our Court with fictitious or misleading citations—whethergenerated by AI and not checked by a human, or otherwise—is a serious breach of candor that this Court cannot tolerate.See TEX. R. APP. P. 38.1, 38.9; Schlafly v. Schlafly, 33S.W.3d 863, 873 (Tex. App.—Houston [14th Dist.] 2000,pet. denied). “Citing nonexistent case law or misrepresentingthe holdings of a case is making a false statement to acourt. It does not matter if [generative AI] told you so.”United States v. Hayes, 763 F. Supp. 3d 1054, 1067 (E.D.Cal. 2025) (quoting Maura R. Grossman, Paul W. Grimm, &Daniel G. Brown, Is Disclosure and Certification of the Useof Generative AI Really Necessary?, 107 Judicature 68, 75(2023)).Counsel who appear before this Court and use AI for legalresearch must do so with great care. Always “trust and verify”the accuracy and validity of your results. Trusting AI forlegal research without verifying that the cases actually containquoted language and stand for the proposition for which theyare cited violates counsel's ethical duty to this Court. Andthat unfortunately will require the Court to take the necessarycorrective action including, but not limited to, striking theoffending brief and reporting counsel to the State Bar.All CitationsNot Reported in S.W. Rptr., 2026 WL 1137938End of Document© 2026 Thomson Reuters. No claim to original U.S.Government Works.
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