Apparent AI Glitch in Montana Public Defender's Filing

Recent congressional candidate's legal motion included AI-generated language, raising concerns about proper review of technology use in legal proceedings.

Published on Mar. 2, 2026

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An experienced Montana public defender and recent congressional candidate accidentally included several pages of AI-generated language in a legal filing, prompting concerns from the prosecutor about the proper use and review of generative AI technology in the legal profession.

Why it matters

This incident highlights the growing use of AI tools in the legal field and the importance of proper oversight and review to maintain the integrity of the legal process. It raises questions about the appropriate use of AI, especially in sensitive cases involving defendants with mental health issues.

The details

The motion in State v. Stroup started off normally but then included several pages of what appeared to be AI-generated language, including instructions on how to "drop in" the AI-produced text. The prosecutor filed a motion to strike the filing, arguing it violated a local rule requiring disclosure of generative AI use. The public defender's office acknowledged the AI-generated language was inadvertently included, but criticized the prosecutor's response as unhelpful.

  • The motion was filed on March 2, 2026.

The players

Griffen Smith

A reporter for the Missoulian who covered the story.

Brian Smith

The Office of Public Defender Division Administrator who commented on the incident.

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What they’re saying

“That's not helping the client or the case, and all you are doing is trying to throw a professional colleague under the bus.”

— Brian Smith, Office of Public Defender Division Administrator (Missoulian)

What’s next

The judge will likely need to rule on the prosecutor's motion to strike the filing that included the AI-generated language.

The takeaway

This incident serves as a reminder of the importance of proper oversight and review when using AI tools in the legal profession, to maintain the integrity of the justice system and protect the interests of clients, especially those with mental health issues.