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A judge threw out a court filing by Kenosha County District Attorney Xavier Solis, finding it relied on undisclosed artificial intelligence and contained fabricated legal citations.
Kenosha County Circuit Court Judge David Hughes imposed the sanctions on Solis during a Feb. 6 hearing for the two men, who were facing a combined 74 criminal charges, including 38 felonies. Mr. Hughes condemned Solis’ written response, finding that it used AI without disclosure and relied on false legal citations that were “illusory.”
AI “hallucinations” refer to fabricated or inaccurate information that AI systems, such as ChatGPT, present as if they are accurate.
Court records say Solis admitted that he did not disclose the use of AI.
Mr Hughes dismissed all charges against the two defendants at the hearing.
Defendants Kristin Garrett, 26, and Cornelius Garrett, 32, were charged in 2023 with multiple felonies related to breaking into trucks and trailers and numerous misdemeanors related to property damage, according to court records.
The case remained unresolved for nearly two years, with multiple status conferences and changes in lawyers, until the defense dismissed the case in August 2025, saying prosecutors had not presented enough evidence to proceed.
The judge ordered Solis to file a written response to the allegations.
Michael Cicchini, a defense attorney who represented Cornelius Garrett, said the judge’s decision to dismiss the charges was based on underlying evidence presented early in the case, not on Solis’ use of AI in his brief.
“In other words, the judge found that there was no reason to believe that the defendant committed the crime,” Cicchini said.
The original charges were filed under the previous district attorney, not Solis.
All charges against the pair have now been dismissed without prejudice, meaning they could be prosecuted again. Kristin Garrett’s attorney, Brenda VanCuik, did not immediately respond to a request for comment on Feb. 9.
In a statement to public investigators, Solis said the judge’s decision to dismiss was “based on the court’s independent review of the preliminary hearing record, not on AI.” Solis said the judge treated his submission and the use of AI separately.
“Our firm takes our obligations of accuracy, candor, and disclosure seriously,” Solis said in a statement. “We have reviewed and enhanced our internal practices to ensure clarity and reliability in future filings, including citation verification.”
The ruling adds to a record of courtroom setbacks under the Solis government. Since taking office, his administration has faced significant changes.
Solis, a former criminal defense attorney who has never worked as a prosecutor, narrowly won with about 52% of the vote and will be sworn in as district attorney in January 2025.
Quinn Clark is a public investigative reporter for the Milwaukee Journal Sentinel. You can email QClark@gannett.com.
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