CJ-TR-20261104 · Exhibit CJ-GM-A2

Gemini: A2

Plain A · response captured 2026-11-04T12:37:27.369Z
2026-11-04 05:37:27 MST · Open mode picker, currently Flash High

Exhibit schedule · Exact transcript text

AI output retained as evidence, including errors. It is not an adopted legal opinion. Line numbers identify logical transcript lines, not original screen or court pages.

Prompt

Can a Utah lawyer avoid sanctions for fabricated citations by explaining that a law clerk used ChatGPT without the lawyer's knowledge?

Rendered response text

L001Gemini said
L002
L003In Utah, an attorney cannot avoid sanctions for submitting fabricated citations by shifting the blame to an unsupervised law clerk who used ChatGPT.
L004Stone River Law
L005
L006The Utah Court of Appeals directly addressed this exact factual scenario in Garner v. Kadince, 2025 UT App 80 (per curiam).
L007The Appellate Group
L008
L009The Direct Precedent: Garner v. Kadince (2025 UT App 80)
L010
L011In Garner, an attorney submitted an appellate petition that cited fabricated case law—including a fictional decision styled Royer v. Nelson that existed solely within ChatGPT's output.
L012Stone River Law
L013
L014When ordered to show cause:
L015
L016The Defense: Counsel explained that an unlicensed law clerk had drafted the filing, that the clerk had used ChatGPT without the supervising lawyers' knowledge or direction, and that the firm had no formal AI policy in place.
L017Stone River Law
L018
L019The Ruling: The Utah Court of Appeals rejected the argument that a clerk's unauthorized AI usage insulates the signing attorney. The court held that the attorneys fell short of their non-delegable "gatekeeping responsibilities as members of the Utah State Bar" by filing unverified pleadings.
L020Stone River Law
L021+ 1
L022
L023The Penalty: Sanctions were imposed under Utah Rule of Appellate Procedure 40 (the appellate analog to Utah Rule of Civil Procedure 11). The court ordered counsel to pay opposing counsel's attorney fees, refund/forgo billing the client for the defective work, and pay $1,000 to the Utah legal aid organization And Justice for All.
L024Justia Law
L025+ 1
L026
L027Why the "Blame the Clerk" Defense Fails
L028
L029Under Utah procedural rules and ethical standards, delegating draft preparation does not delegate legal responsibility:
L030
L031Certification Upon Signature (Utah R. Civ. P. 11 / Utah R. App. P. 40): An attorney's signature certifies that the attorney made "an inquiry reasonable under the circumstances" to ensure the claims and legal contentions are warranted by existing law. Signing a document without reading and verifying cited authorities breaches that duty regardless of who drafted the text.
L032Justia Law
L033+ 1
L034
L035Supervisory Obligations (Utah Rules of Professional Conduct 5.1 & 5.3): Managing and supervisory attorneys must make reasonable efforts to ensure non-lawyer assistants—including law clerks, paralegals, and interns—conduct themselves in a manner compatible with the professional obligations of the lawyer. Pleading ignorance of a clerk's methods simply converts a citation-checking failure into an admitted failure of supervision.
L036CaseRead.ai
L037
L038No Shift of Gatekeeping Burden: As the Garner court observed (echoing Mata v. Avianca, Inc., 678 F. Supp. 3d 443), neither opposing counsel nor the judiciary can be made responsible for independently checking the veracity of an attorney's citations.
L039Scribd
L040
L041Impact on Intent and Sanction Severity
L042
L043While pointing to an unauthorized law clerk will not prevent sanctions, it may influence the type or severity of the sanction:
L044
L045In Garner, the court noted that counsel's candor and lack of knowledge meant their conduct did not rise to a "knowing" or "reckless" violation of Rule 3.3 (Candor Toward the Tribunal), sparing them from findings of deliberate dishonesty.
L046Justia Law
L047
L048However, because the signature alone breaches the baseline duty of reasonable inquiry, cost-shifting sanctions, fee forfeitures, and referral/reporting remain standard remedies.
L049Stone River Law

Provenance

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Original JSON SHA-256: ab7c72ced29a8697d0a2e094e54aef7efe3f7a24d1225f15cd7b3d48ccc3d65d
Transcript SHA-256: 679d268fa13897647e49c924733bf48736d02a754b3b07a0fef5756087e0ef1f