When AI Lies to the Court, Families Pay the Price: Lessons From Pennsylvania

An illustration depicting a human head with a brain and gears, symbolizing artificial intelligence, connected to a lightbulb with a scale icon, representing justice.

By Michael Phillips | Father & Co.

Artificial intelligence is increasingly promoted as a tool to expand access to justice — especially for parents and self-represented litigants who cannot afford attorneys. But a growing scandal in Pennsylvania courts shows what happens when technology is introduced without accountability: the people most in need of fairness are the ones most harmed.

A January 2026 investigation by Spotlight PA revealed that Pennsylvania judges are encountering AI-generated “hallucinations” in court filings — fabricated case law, invented quotes, and false citations. The issue came to a head in the Pennsylvania Commonwealth Court, where a judge openly questioned whether a legal brief contained AI-generated falsehoods.

While the high-profile case involved licensed attorneys, most documented incidents in Pennsylvania have come from pro se litigants — parents and individuals navigating the court system alone. In at least one case, a discrimination lawsuit was dismissed outright due to hallucinated citations.

Procedural Harm in the Digital Age

For parents in custody, support, or civil rights disputes, this trend is alarming. Courts increasingly scrutinize filings from self-represented litigants, often holding them to strict procedural standards while offering little guidance. When AI tools generate false authority — and users trust them — the result is punishment, not protection.

Judges and legal ethicists warn that fabricated precedents can permanently distort the law. But for families, the damage is immediate: lost cases, delayed hearings, credibility destroyed, and children caught in prolonged uncertainty.

AI did not create these systemic problems. But it is amplifying them.

The Real Lesson

This is not an argument against technology. It is an argument against pretending technology can replace human responsibility.

If courts allow AI use without clear rules, disclosures, and safeguards, families will continue to bear the cost. Access to justice cannot mean access to tools that quietly sabotage the very people they are supposed to help.

Pennsylvania’s experience should be a warning nationwide: when the system prioritizes efficiency over truth, fairness becomes optional — and parents lose first.


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Michael Phillips

Michael Phillips is a journalist, editor, creator, IT consultant, and father. He writes about politics, family-court reform, and civil rights.

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