Nevada County DA faces scrutiny after prosecutors allegedly used generative AI that fabricated facts
The Nevada County District Attorney is facing scrutiny after prosecutors allegedly used generative artificial intelligence that fabricated facts that ended up in their criminal cases.
One defendant's legal team called the DA's actions shocking, citing the growing concern that courts have "struggled to respond" to the "widespread use of generative artificial intelligence."
"I think it's here and a lot of people are using it, but like with any tool, it can be used for good or bad," said Alana Matthews, a former prosecutor not connected to the Nevada County case.
Matthews said the legal profession, in some cases, is playing catch-up with the new technology. That is often wrong.
"And one of the most important features of this new technology to understand is a very basic, simplistic level," Matthews said. "It tries to please you. So when you enter a query, it's going to try to find an answer and we make the assumption that the answer it gives back to us is founded in fact or truth."
The Nevada County DA issued a statement that they declined to comment on the substance of the case.
"We have taken corrective measures and look forward to working with the court-appointed referee to ensure an accurate understanding of the relevant facts and bring this matter to resolution," the DA said.
"Every prosecutor has a duty; every attorney has a duty to research," Matthews said.
In Nevada County, a judge will rule on whether prosecutors used AI in the courtroom to cut corners.
The Nevada County Board of Supervisors also held a closed-door meeting on this case last week. They did not make any public statements on the topic out of that meeting.