The Law Mind

Standing Order

W.D. Tex. Standing Order · Magistrate Judge Referral Order

FILED June 25, 2026 CLERK, U.S. DISTRICT COURT UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WESTERN DISTRICT OF TEXAS David Cano BY: ________________________________ DEL RIO DIVISION DEPUTY § § § In re: The use of artificial intelligence in § the preparation of filings in the Court of § U.S. District Judge Ernest Gonzalez § § § STANDING ORDER CONCERNING THE USE OF ARTIFICIAL INTELLIGENCE IN THE PREPARATION OF FILINGS BEFORE U.S. DISTRICT JUDGE ERNEST GONZALEZ In this Court, and in courts across the United States, the use of artificial intelligence (“AI”) in the preparation of filings has grown increasingly frequent. A similar trend has arisen in parties urging unsupported legal contentions, many of which appear to be the result of AI misuse.1 Given the Court’s and other courts’ recent experiences, it is necessary to remind all parties that appear before the Court—represented or appearing pro se, in criminal cases and civil cases—of their obligations under Federal Rule of Civil Procedure 11 and the Texas Disciplinary Rules of Professional Conduct. See Western District of Texas Local Rule AT-7. Rule 11 and the applicable standards of professional conduct require that all legal contentions in documents filed with a court be warranted by existing law. And while the Court recognizes that AI can be a beneficial tool, “[t]o ethically use generative AI in the practice of law . . . a lawyer must ensure that the legal propositions and authority generated are trustworthy.” Fletcher v. Experian Info. Sols., Inc., 168 F.4th 231, 235 (5th Cir. 2026).2 1 Damien Charlotin, a French lawyer, maintains a database of AI use in the courts of 31 countries. Damien Charlotin, AI Hallucination Cases, https://www.damiencharlotin.com/hallucinations. As of this order, he reports at least 1,148 cases of hallucinations in the United States Courts since June 2023. Id. 2 See also A.B.A STANDING COMM. ON ETHICS & PRO. RESP., FORMAL OPINION 512 (July 29, 2024), https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics- opinions/aba-formal-opinion-512.pdf. 1 Pursuant to the Court’s inherent supervisory authority over the conduct of parties appearing before it, and in light of the Court’s responsibility to uphold the integrity of the judicial process, the Court may impose sanctions for a party’s filing of documents that violate these principles. Sanctions may include fines, non-monetary directives such as completing education programs, reporting to disciplinary boards, and other appropriate measures. The fact that AI is used in or generated the offending document will not excuse or absolve ethical indiscretions. Parties are further reminded of Section 11(a) of the Court’s Standing Order in Criminal Cases, which provides: If counsel utilizes generative artificial intelligence to draft or assist in drafting a pleading, counsel must include with the pleading a “Certificate of Generative Artificial Intelligence Usage,” an example of which is appended to this Standing Order as Appendix C. The certificate must disclose the use of generative artificial intelligence and certify that counsel has independently verified the accuracy of any portion of the document drafted or assisted by the tool. Counsel must further certify that the use of generative artificial intelligence has not resulted in the disclosure of confidential or privileged information to an unauthorized party. The Court hereby extends the certification requirements of Section 11(a) to parties appearing before the Court in all cases, including civil cases. An example of such certificate is appended to this Order as Appendix A. IT IS SO ORDERED. SIGNED, this 25 day of June, 2026. __________________________________________ ERNEST GONZALEZ UNITED STATES DISTRICT JUDGE 2 APPENDIX A CERTIFICATE OF GENERATIVE ARTIFICIAL INTELLIGENCE USAGE This document was generated with the assistance of [Name of Program], a generative artificial intelligence tool. I hereby certify that I have independently verified the accuracy of the legal and factual assertions contained in this document. I further certify that the use of generative artificial intelligence has not resulted in the disclosure of any confidential or privileged information to any unauthorized party. 3
Official source: https://www.txwd.uscourts.gov/wp-content/uploads/2026/06/EG-Standing-Order-on-AI-1st-draft · retrieved 2026-07-22