A defendant in a New York appeals court faced sharp criticism from a judge for employing an artificial intelligence avatar to represent him in a recent case. In late March, an unusual circumstance arose when Jerome Dewald, self-representing in an employment dispute, used an AI-generated avatar to present his legal arguments during a video hearing, as shown in a livestream. This marks a notable instance of AI tools making their way into courtrooms.
Almost immediately after the video commenced, Justice Sallie Manzanet-Daniels requested it be halted, inquiring if the avatar was acting as legal counsel for the case. Dewald, who is 74 years old, replied, “I generated that,” clarifying, “That is not a real person.” The judge expressed her discontent, answering, “It would have been helpful to know that when you made your application,” and noted that Dewald had previously appeared in court and had testified in person. “I don’t appreciate being misled,” she added. She then asked the defendant if he had any condition that made speaking difficult, before firmly stating, “You are not going to use this courtroom as a platform for your business,” and shouted, “Shut that off,” gesturing towards the video screen.
Dewald later expressed regret, explaining that he thought the AI avatar would present his arguments more effectively than he could. In a conversation with the Associated Press, Dewald said he sought the court’s approval to show a prerecorded video and utilized a tech company from San Francisco to create the AI avatar. He initially aimed to produce a digital version of himself but was hindered by time limitations before the hearing. “The court was really upset about it,” he acknowledged, adding, “They really gave me a hard time.”
The incident underscores the emerging challenges as artificial intelligence finds its way into legal proceedings. This year, a New York lawyer faced backlash for citing fictitious cases generated by ChatGPT in a legal document while involved in a lawsuit against a Colombian airline. In March, the Arizona Supreme Court began utilizing two AI-generated avatars, akin to the one Dewald deployed, to summarize court decisions for public understanding. In September, the U.S. Federal Trade Commission acted against companies accused of misleading consumers through AI, which included a firm that marketed an AI lawyer.