{"meta":{"exportedAt":"2026-11-07T02:11:50.353Z","formatVersion":2,"selection":{"q":"kentucky","system":"","harm":"","context":"","country":"","role":"","relation":"contextual","evidence":"","year":"","response":"","severity":"","verification":"","view":"incidents","sort":"added"},"totalIncidents":2,"coverage":{"cases":2,"countries":1,"languages":1,"unknownLocation":0,"locationPending":0,"unknownLanguage":0,"unknownDate":0,"lawsuits":0,"regulatory":1,"minors":0,"coreRelations":1,"contextualRelations":2,"mixedRelations":1,"unknownRelations":0,"relationPending":0,"relationUnknown":0},"countingNote":"Distinct public cases in this selection. People counts apply within individual cases only; cross-case person overlap has not been resolved. No population incidence estimate.","affectedCountNote":"Interpret person counts with affectedCountStatus and the reported effects. Unquantified zeros are placeholders, not a measured zero.","source":"AI incidents","publisher":"NOPE","url":"https://nope.net/incidents","license":"CC BY 4.0"},"incidents":[{"id":"2025-sixth-circuit-removes-appointed-defence-lawyer-over-cocounsel-drafted-briefs-delaying-indigent-defendants-appeal","caseFacts":{"claims":[{"id":"c1","status":"documented","evidence":[{"locator":"'qualified for a two-level enhancement under § 3B1.1(c) of the Sentencing Guidelines for his leadership role during drug-trafficking activities.'; 'serving as court-appointed counsel for an indigent defendant through a publicly funded program'","relation":"supports","source_id":"s1"}],"assertion":"A lawyer appointed under the Criminal Justice Act represented an indigent defendant appealing a two-level leadership enhancement to his drug-trafficking sentence in the Sixth Circuit.","causal_attribution":"The court's own description of the appointment and the appeal."},{"id":"c2","status":"documented","evidence":[{"locator":"'The first tell was the file name of the principal brief:'; '“CoCounsel Skill Results.” CoCounsel is the name of Westlaw’s internal artificial-intelligence'; 'But the purported direct quotations do not appear in their cited sources.'","relation":"supports","source_id":"s1"},{"locator":"'The first tell was the file name of the principal brief: \"CoCounsel Skill Results.\" CoCounsel is the name of Westlaw's internal artificial-intelligence platform.'; 'But the purported direct quotations do not appear in their cited sources.'; 'misrepresent the holdings of both United States v. Washington'","relation":"supports","source_id":"s2"}],"assertion":"The court found that the principal brief's file name was 'CoCounsel Skill Results', that three quotations in the briefs appear in no legal authority, and that the briefs misrepresented the holdings of two precedents.","causal_attribution":"The court's findings, quoted verbatim in the Volokh post; the opinion PDF carries the same text."},{"id":"c3","status":"documented","evidence":[{"locator":"'he directed an unnamed “staff” member to'; 'upload district court documents to Westlaw’s CoCounsel program to create a first draft of the'; 'repeated that same process for the reply brief.'; 'He concedes that the three inaccurate quotations'","relation":"supports","source_id":"s1"},{"locator":"'he directed an unnamed \"staff\" member to upload district court documents to Westlaw's CoCounsel program to create a first draft of the principal brief.'; 'He concedes that the three inaccurate quotations identified above were the product of artificial intelligence, that they do not appear in any legal authorities'","relation":"supports","source_id":"s2"}],"assertion":"The lawyer admitted that a staff member uploaded district court documents to Westlaw's CoCounsel to create a first draft of the principal brief, that he repeated the process for the reply, and that the three inaccurate quotations were produced by artificial intelligence and not verified.","causal_attribution":"The lawyer's show-cause response as the court records it; the court's opinion documents the admission."},{"id":"c4","status":"documented","evidence":[{"locator":"'shall not be compensated under the Criminal Justice Act for his time spent on'; 'to consider disciplinary proceedings under Sixth'; 'Disciplinary Clerk for the Kentucky Bar Association'","relation":"supports","source_id":"s1"}],"assertion":"The court ordered that the lawyer receive no Criminal Justice Act compensation for the appeal, forwarded the opinion to the circuit's chief judge to consider disciplinary proceedings, and served it on the Kentucky Bar Association's disciplinary clerk.","causal_attribution":"The court's orders."},{"id":"c5","status":"documented","evidence":[{"locator":"'different appellate counsel to file new briefs—further delaying resolution of'; 'reset the briefing schedule upon appointment of replacement counsel.'","relation":"supports","source_id":"s1"}],"assertion":"By a separate order the same day the court removed the lawyer, directed the appointment of replacement counsel, locked the briefs he had filed and reset the briefing schedule, which the court said further delayed resolution of the defendant's criminal appeal.","causal_attribution":"The court's own account of its separate order and of the delay."},{"id":"c6","status":"documented","evidence":[{"locator":"'utilizing Westlaw CoCounsel “in this way for a Court of Appeals brief.”'; 'has never been disciplined over his 40-year career'; 'candor in acknowledging his improper use of artificial intelligence.'","relation":"supports","source_id":"s1"},{"locator":"'first time utilizing Westlaw CoCounsel \"in this way for a Court of Appeals brief.\"'; 'has never been disciplined over his 40-year career'; 'his candor in acknowledging his improper use of artificial intelligence.'","relation":"supports","source_id":"s2"}],"assertion":"The lawyer said this was his first use of CoCounsel in this way for an appeals brief and that he had not been disciplined in a 40-year career; the court acknowledged his timely response and candour while finding his conduct inexcusable.","causal_attribution":"The lawyer's explanations and the court's assessment, as the opinion records them; recorded as mitigation."},{"id":"c7","status":"documented","evidence":[{"locator":"'***LOCKED PURSUANT TO ORDER ENTERED 04/03/2026***APPELLANT BRIEF filed by'; 'Certificate of Service: 10/21/2025. Argument Request: not requested. [25-5623]'; '***LOCKED PURSUANT TO ORDER ENTERED 04/03/2026***REPLY BRIEF filed by Attorney'; 'Certificate of Service: 12/26/2025. [25-5623]'","relation":"supports","source_id":"s3"}],"assertion":"The docket records that the principal brief for the defendant was filed on 21 October 2025 and the reply brief on 26 December 2025, and that both entries were locked under the order of 3 April 2026.","causal_attribution":"Clerk docket entries; they date the filings and do not describe their contents."}],"effects":[{"label":"indigent defendant's criminal appeal delayed while replacement counsel files new briefs","claim_id":"c5","direction":"negative"},{"label":"court-appointed lawyer denied compensation for the appeal and referred for disciplinary consideration","claim_id":"c4","direction":"negative"}],"sources":[{"id":"s1","url":"https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0105p-06.pdf","kind":"court_order","access":"read","language":"en","translation_note":"Sixth Circuit published per curiam opinion, No. 25-5623, decided and filed 3 April 2026; PDF read in full (HTTP 200).","independence_group":"sixth-circuit-opinion-3-apr-2026"},{"id":"s2","url":"https://reason.com/volokh/2026/04/09/the-first-tell-was-the-file-name-of-the-principal-brief-cocounsel-skill-results/","kind":"commentary_with_filing_excerpt","access":"read","language":"en","translation_note":"The Volokh Conspiracy (Reason), 9 April 2026, quoting the same opinion at length; read in full (HTTP 200). Same origin as the opinion.","independence_group":"sixth-circuit-opinion-3-apr-2026"},{"id":"s3","url":"https://www.courtlistener.com/api/rest/v4/search/?q=docket_id%3A70724463%20BRIEF&type=rd","kind":"court_docket_index","access":"read","language":"en","translation_note":"CourtListener search API listing of docket entries for Sixth Circuit No. 25-5623 (RECAP), read on 2026-10-19 (HTTP 200); entry descriptions as entered by the clerk. Party and counsel names in the entries are not reproduced.","independence_group":"sixth-circuit-docket-25-5623"}],"version":1,"ai_roles":["own_use","others_use"],"contexts":["justice","work"],"unknowns":["How long the appeal is delayed, and the outcome of any disciplinary proceedings."],"geography":{"basis":"The appeal is from the U.S. District Court for the Eastern District of Kentucky to the U.S. Court of Appeals for the Sixth Circuit, and the lawyer practises in Kentucky (opinion).","court_countries":["US"],"event_countries":["US"],"affected_person_countries":["US"]},"publication":{"basis":"Published with communicated_with and informed_decision_about: the court documents that a court-appointed defence lawyer filed briefs drafted with Westlaw's CoCounsel that carried quotations found in no authority, and, acting on those briefs, removed him, ordered new counsel and briefing that delayed the indigent defendant's criminal appeal, and denied him compensation. The harm reaches a criminal defendant who did not use the tool.","reviewed_on":"2026-10-19"},"ai_involvement":{"basis":"The court found that the principal brief's file name was 'CoCounsel Skill Results' and that three quotations in the briefs appear in no legal authority. The lawyer admitted that a staff member used Westlaw's CoCounsel to produce the first draft, that he repeated the process for the reply, and that the false quotations were produced by artificial intelligence. Reading those briefs, the court removed him, ordered new counsel and new briefs for the defendant, and denied him compensation.","status":"supported"},"person_relations":["communicated_with","informed_decision_about"]},"name":"Sixth Circuit removes court-appointed defence lawyer over CoCounsel-drafted briefs with false quotations, delaying an indigent defendant's appeal","summary":"In a published opinion of 3 April 2026, the U.S. Court of Appeals for the Sixth Circuit addressed the briefs a lawyer appointed under the Criminal Justice Act had filed for an indigent defendant appealing a sentencing enhancement in a drug-trafficking case. The court noticed that the principal brief's file name was 'CoCounsel Skill Results' and found three quotations that appear in no legal authority and misstatements of two precedents. The lawyer admitted that a staff member had used Westlaw's CoCounsel to create the first draft, that he repeated the process for the reply, and that the false quotations came from artificial intelligence he did not verify. The court denied him compensation for the appeal, referred the opinion for possible disciplinary proceedings and to the Kentucky Bar Association, and by separate order removed him, locked his briefs and ordered replacement counsel to file new ones, which it said further delayed resolution of the defendant's appeal. The court acknowledged his candour and his 40 years without discipline.","incidentDate":"2025-10-21","incidentEndDate":"2026-04-03","incidentKind":"single_event","incidentDatePrecision":"day","exposurePattern":"repeated_interactions","reportedDate":"2026-04-03","aiSystem":"Westlaw CoCounsel (Thomson Reuters), used by a lawyer's staff member to produce the first drafts of a principal and a reply brief","aiProduct":"CoCounsel","aiCompany":"Thomson Reuters","severity":"medium","verificationStatus":"credible","harmCategories":[],"harmOutcomes":["legal_harm","professional_harm","financial_loss"],"harmOutcomeSummary":"The court documents that briefs drafted with Westlaw's CoCounsel and filed unverified by a court-appointed lawyer led it to remove him and order new counsel and briefs, further delaying an indigent defendant's criminal appeal; the lawyer was denied compensation for the appeal and referred for disciplinary consideration.","frameworkFacets":[],"causationStatus":"established","participantUsersAffectedMin":0,"otherPeopleHarmedMin":2,"affectedCountStatus":"exact","affectedCountEvidence":"Two: the defendant, whose appeal the court says was further delayed, and the lawyer, who was denied compensation and referred. The lawyer's staff member ran the tool and is not counted; no other harmed person is described.","victimAgeRange":"adult","jurisdiction":"US","platformType":"other","outcomeType":"regulatory_action","outcomeStatus":"ongoing","primarySourceUrl":"https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0105p-06.pdf","primarySourceLabel":"U.S. Court of Appeals for the Sixth Circuit, No. 25-5623, opinion decided and filed 3 April 2026","firstPublishedAt":"2026-10-19T03:16:56.688661+00:00","updatedAt":"2026-10-19T03:16:56.688661+00:00","scopeVersion":"facts-v3","tags":["legal","ai-fabricated-quotations","court-appointed-counsel","criminal-appeal","sanction","cocounsel"]},{"id":"2026-lexington-kentucky-flock-alpr-vehicle-description-search-police-surround-wrong-home","caseFacts":{"claims":[{"id":"c1","status":"reported","evidence":[{"locator":"'in the early hours of Sept. 26, 2026'; 'officers surrounded his home'; 'The group of police left around 10 minutes later.'","relation":"supports","source_id":"s1"},{"locator":"'one with a gun unholstered'","relation":"supports","source_id":"s2"},{"locator":"'spotlights were shining on the home as officers surrounded it'","relation":"supports","source_id":"s3"}],"assertion":"In the early hours of 26 September 2026 Lexington police officers surrounded a couple's home, with spotlights and at least one officer's gun unholstered, and knocked on the door. Officers told the couple they were not suspects and left.","causal_attribution":"Each outlet reports the resident's doorbell video and its own interview; the three accounts rest on the same residents and video."},{"id":"c2","status":"reported","evidence":[{"locator":"'Due to the time of day there was only one return matching the suspect vehicle, resulting in the response to the residence'","relation":"supports","source_id":"s1"},{"locator":"'did not provide a license plate number. Officers entered that information into the Flock system and found a vehicle they believed matched'","relation":"supports","source_id":"s3"},{"locator":"'officers used the Flock Safety System, which includes 125 automatic license plate reader cameras placed around the city, to follow up on the lead'","relation":"supports","source_id":"s2"}],"assertion":"Police were investigating a reported assault in a road-rage incident. Without a license plate, officers searched the city's Flock camera system using the vehicle description, and the single matching return led them to the couple's home.","causal_attribution":"Lexington police statements to each outlet (one originating party)."},{"id":"c3","status":"reported","evidence":[{"locator":"'further investigation enabled officers to determine the vehicle was not the suspect vehicle in question and the scene was cleared'; 'This was not a misidentification'","relation":"supports","source_id":"s1"},{"locator":"'they determined almost immediately that he was not the suspect they were looking for'","relation":"supports","source_id":"s2"}],"assertion":"Police determined that the couple's truck was not the suspect vehicle and placed no charges in relation to it. The department said this was not a misidentification but a lead that was followed up.","causal_attribution":"Lexington police statements as reported."},{"id":"c4","status":"reported","evidence":[{"locator":"'My grandmother was scared to death'; '94-year-old grandmother inside the home'","relation":"supports","source_id":"s3"},{"locator":"'he’s scared to drive his truck again'","relation":"supports","source_id":"s1"}],"assertion":"The residents said the armed early-morning response frightened them and the resident's 94-year-old grandmother, who was inside the home, and the resident said he was scared to drive his truck again.","causal_attribution":"The residents' own accounts to LEX 18 and WEKU."},{"id":"c5","status":"reported","evidence":[{"locator":"'Officers showed the Flock image of the vehicle to the victim, who confirmed it.'","relation":"supports","source_id":"s3"}],"assertion":"LEX 18 reported that officers showed the Flock image of the truck to the road-rage victim, who said it was the same vehicle, before going to the home.","causal_attribution":"The police commander's account to LEX 18; it places a human identification step between the Flock return and the response."}],"effects":[{"label":"police with at least one gun unholstered surrounded a couple's home at about 4 a.m. after a license-plate camera search by vehicle description returned their truck","claim_id":"c1","direction":"negative"}],"sources":[{"id":"s1","url":"https://www.weku.org/lexington-richmond/2026-09-30/flock-search-that-led-lexington-police-to-surround-wrong-home-intensifies-debate-over-the-tech","kind":"news_report","access":"read","language":"en","translation_note":"Read live in English on 2026-10-05 (WEKU public radio, 30 September 2026). Rests on WEKU's own interview with the resident and a written statement from the Lexington Police Department.","independence_group":"weku-lexington-interview-and-lpd-statement"},{"id":"s2","url":"https://www.wkyt.com/2026/09/28/lexington-couple-questions-police-response-after-flock-camera-lead/","kind":"local_tv_news","access":"read","language":"en","translation_note":"Read live in English on 2026-10-05 (WKYT, 28 September 2026). Rests on WKYT's own interviews with the couple and a Lexington police patrol commander.","independence_group":"wkyt-lexington-interviews"},{"id":"s3","url":"https://www.lex18.com/news/covering-kentucky/lexington-couple-questions-flock-cameras-after-lead-mismatches-their-car-in-road-rage-case","kind":"local_tv_news","access":"read","language":"en","translation_note":"Read live in English on 2026-10-05 (LEX 18 News, article body from the page's structured data; the page's structured data gives datePublished 29 September 2026, updated 30 September). Rests on LEX 18's own interviews with the couple and the same police commander.","independence_group":"lex18-lexington-interviews"}],"version":1,"ai_roles":["institutional_use"],"contexts":["justice"],"unknowns":["How the Flock description search works and how many candidate vehicles it returned before filtering by time.","How officers determined at the door that the truck was not the suspect vehicle.","Whether the couple filed a complaint and whether the department reviewed the response.","Whether the suspect vehicle was later identified."],"geography":{"basis":"Lexington police went to a home in Lexington, Kentucky (WEKU, WKYT, LEX 18).","court_countries":[],"event_countries":["US"],"affected_person_countries":["US"]},"publication":{"basis":"Published under the 2026-09-15 charter as an institutional-use case. Three local outlets, each with its own interviews, report that a Flock search by vehicle description returned one truck and that police then surrounded its owner's home at about 4 a.m. with a gun unholstered, and that police found it was not the suspect vehicle. The police dispute the word misidentification. The residents are named by the outlets and are not named here. Claims are reported because they rest on the same residents and police statements.","reviewed_on":"2026-10-05"},"ai_involvement":{"basis":"The Lexington Police Department told WEKU that officers queried its Flock network with only a vehicle description, that one return matched the suspect vehicle, and that this resulted in the response to the residence. A police commander gave the same account to WKYT and LEX 18. WEKU quotes a mayoral candidate referring to the AI technology that powers the cameras; the department does not describe the technology.","status":"supported"},"person_relations":["made_claim_about"]},"name":"Lexington, Kentucky: police surrounded a couple's home at about 4 a.m. in September 2026, one officer with a gun unholstered, after a Flock camera search by vehicle description returned their truck in a road-rage investigation","summary":"WEKU, WKYT and LEX 18 reported that Lexington police surrounded a couple's home in the early hours of 26 September 2026 while investigating a reported assault in a road-rage incident. The victim had described a dark pickup truck and gave no license plate. The Lexington Police Department said officers searched its Flock camera network using the description, that only one return matched at that time of day, and that this led to the response to the residence. Doorbell video showed several police cars, spotlights and an officer with a gun unholstered at the door. Officers told the couple they were not suspects and left after about ten minutes. Police said they determined the truck was not the suspect vehicle, placed no charges and described the visit as following up a lead, not a misidentification. The residents said the response frightened them and a 94-year-old relative inside the home.","incidentDate":"2026-09-26","incidentKind":"single_event","incidentDatePrecision":"day","exposurePattern":"single_interaction","reportedDate":"2026-09-28","aiSystem":"Flock Safety camera network of 125 automatic license plate readers used by the Lexington Police Department, searched by vehicle description without a plate number (police statements to WEKU, WKYT and LEX 18)","aiProduct":"Flock Safety license plate readers","aiCompany":"Flock Safety","severity":"low","verificationStatus":"credible","harmCategories":[],"harmOutcomes":["psychological_distress"],"harmOutcomeSummary":"The residents told WEKU, WKYT and LEX 18 that the armed response at about 4 a.m. frightened them. The resident told LEX 18 and WEKU that it frightened his 94-year-old grandmother, and told WEKU he was scared to drive his truck again.","frameworkFacets":[],"causationStatus":"supported","participantUsersAffectedMin":0,"otherPeopleHarmedMin":3,"affectedCountStatus":"exact","affectedCountEvidence":"Three people in the home: the resident and fiancee who answered the door, and the resident's 94-year-old grandmother, whom he describes as scared to death (LEX 18; WEKU). Exact 3.","victimAgeRange":"adult","jurisdiction":"US-KY","platformType":"other","outcomeType":"media_coverage","outcomeStatus":"unknown","primarySourceUrl":"https://www.weku.org/lexington-richmond/2026-09-30/flock-search-that-led-lexington-police-to-surround-wrong-home-intensifies-debate-over-the-tech","primarySourceLabel":"WEKU, 30 September 2026: Flock search that led Lexington police to surround wrong home intensifies debate over the tech","firstPublishedAt":"2026-10-05T03:12:42.544438+00:00","updatedAt":"2026-10-05T03:12:42.544438+00:00","scopeVersion":"facts-v3","tags":["flock","alpr","license-plate-reader","vehicle-description-search","wrong-home","kentucky","lexington","justice","made-claim-about"]}]}