CJ-TR-20261104 · Exhibit CJ-GM-P2

Gemini: P2

Structured A-prime · response captured 2026-11-04T12:46:25.234Z
2026-11-04 05:46:25 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?

Limit this to Utah state court decisions from 2023 to November 4, 2026. For each case you cite, give the full citation and quote the sentence that supports the point, with its pinpoint. If you can't find a case that supports it, say so instead of guessing.

Rendered response text

L001Gemini said
L002
L003Under Utah state court decisions issued between 2023 and November 4, 2026, a Utah lawyer cannot avoid sanctions for submitting fabricated citations by asserting that an unlicensed law clerk used ChatGPT without the lawyer's knowledge.
L004Stone River Law
L005
L006The controlling Utah state appellate authority directly on point is:
L007
L008Full Citation: Garner v. Kadince, Inc., 2025 UT App 80, 571 P.3d 812 (per curiam).
L009Utah State Bar
L010
L011Relevant Facts and Procedural Posture
L012
L013In Garner, an attorney signed and filed a petition for permission to appeal an interlocutory order containing nonexistent citations generated by ChatGPT (including a fabricated decision titled Royer v. Nelson). When ordered to show cause why sanctions should not be imposed, counsel explained that the draft had been prepared by an unlicensed law clerk who used artificial intelligence.
L014Stone River Law
L015+ 1
L016
L017Court's Analysis and Direct Quotes
L018
L019The Utah Court of Appeals held that an attorney’s signature certifies that the lawyer has conducted a reasonable inquiry into the law under Utah Rule of Appellate Procedure 40(b), a duty that remains non-delegable regardless of who prepared the initial draft or what research tool was used:
L020Justia Law
L021
L022"While technology continues to evolve, attorneys must verify each source cited in their legal filings and 'must still read the case to ensure the excerpt is existing law to support their propositions and arguments.'"
L023
L024— Garner v. Kadince, Inc., 2025 UT App 80, ¶ 7, 571 P.3d 812, 815 (quoting Mata v. Avianca, Inc., 678 F. Supp. 3d 443, 462 (S.D.N.Y. 2023)).
L025Justia Law
L026
L027The court reiterated that the transition to generative AI does not diminish this baseline verification duty:
L028
L029"And as 'attorneys transition to the world of AI, the duty to check their sources and make a reasonable inquiry into existing law remains unchanged.'"
L030
L031— Garner, 2025 UT App 80, ¶ 7, 571 P.3d 812, 815.
L032Justia Law
L033
L034Addressing the responsibilities of counsel when signing court papers:
L035
L036"And the signature of Mr. Bednar on the Petition served to 'certif[y] that to the best of [his] knowledge formed after an inquiry reasonable under the circumstances,' the 'legal contentions are warranted by existing law.' Utah R. App. P. 40(b)(2). A fake opinion is not 'existing law' that can support a party's legal contention."
L037
L038— Garner, 2025 UT App 80, ¶ 10, 571 P.3d 812, 815.
L039Justia Law
L040
L041The court also emphasized that filing fictitious citations constitutes an abuse of the judicial process regardless of whether counsel acted with contrite intentions after the fact:
L042
L043"Although the court appreciates Petitioner's counsel's acceptance of responsibility for their conduct, filing pleadings or other legal documents without taking the necessary care in their preparation is an abuse of the judicial system and subject to sanctions."
L044
L045— Garner, 2025 UT App 80, ¶ 12, 571 P.3d 812, 816.
L046Justia Law
L047
L048Role of Lack of Knowledge in Sanctions
L049
L050While the supervising attorney's lack of actual knowledge did not prevent sanctions under Rule 40(c), it did factor into two specific aspects of the court's order:
L051Justia Law
L052
L053Rule 3.3 Candor: The court declined to find a violation of Utah Rule of Professional Conduct 3.3(a) (prohibiting a lawyer from "knowingly or recklessly" making false statements of law to a tribunal) because counsel's conduct fell short of the requisite intent standard.
L054
L055Mitigation: The court treated counsel’s prompt acceptance of responsibility and lack of active deception (unlike lawyers who doubled down on fabricated citations) as mitigating factors when calibrating the financial penalty, which consisted of paying opposing counsel's attorney fees, refunding fees to the client, and paying $1,000 to the legal aid charity "And Justice for All".
L056
L057For further background on how appellate proceedings unfolded in this case, see the local news coverage reporting on the hearing: Utah attorneys sanctioned by appeals court for using AI to write legal brief. This segment provides context on the Utah Court of Appeals' arguments and oral order concerning generative AI in court filings.

Provenance

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Transcript SHA-256: c44413b3846f8e9a4fb093a984b735b24cd476d19cf5b1b05aad462b8bfb5e3b