Judge Starr's AI certificate and the Fifth Circuit rule

What happened

In late May 2023 U.S. District Judge Brantley Starr of the Northern District of Texas added a requirement to his judge-specific procedures. As reproduced by Eugene Volokh on May 30, 2023, it read:

"All attorneys appearing before the Court must file on the docket a certificate attesting either that no portion of the filing was drafted by generative artificial intelligence (such as ChatGPT, Harvey.AI, or Google Bard) or that any language drafted by generative artificial intelligence was checked for accuracy, using print reporters or traditional legal databases, by a human being."

On November 22, 2023 the U.S. Court of Appeals for the Fifth Circuit, which hears appeals from the federal courts in Texas, Louisiana and Mississippi, published a proposed amendment to its certificate-of-compliance requirements. As reported by King & Spalding, counsel and unrepresented parties would have certified that no generative AI program was used in drafting or that "all generated text, including all citations and legal analysis, has been reviewed for accuracy and approved by a human." Comments were due January 4, 2024.

What was issued or decided

Judge Starr's requirement applied as a standing requirement in cases before him. The Fifth Circuit, after the comment period, announced on its website that it "has decided not to adopt a special rule regarding the use of artificial intelligence in drafting briefs at this time." The court's statement continues: "Parties and counsel are responsible for ensuring that their filings with the court, including briefs, shall be carefully checked for truthfulness and accuracy." It concludes: "'I used AI' will not be an excuse for an otherwise sanctionable offense." Law firm reports date the announcement to June 12, 2024.

Where it stands

The Fifth Circuit has no AI-specific rule; its existing certification and sanctions rules apply to all filings. When the court's page for Judge Starr was checked on September 11, 2026, the text retrieved did not show the AI certificate, and a certificate form on the court's site could not be read. Whether the requirement remains in force is not confirmed here. Practitioners should check each judge's current procedures directly.

How it maps to the Standard

Both measures address Clause 3 of the Standard, independent authority. Judge Starr's wording names the independent source: print reporters or traditional legal databases, checked by a person. The Fifth Circuit left the same obligation to its existing rules rather than a new certificate.

For an expert, the lesson is Clause 8, disclosure. Certification and disclosure requirements are set court by court and judge by judge, and they may reach an expert's declaration or report as well as counsel's brief. An expert who keeps a contemporaneous record of AI use under Clause 7 can answer such a requirement without reconstructing events afterward.

Sources

• U.S. Court of Appeals for the Fifth Circuit · June 12, 2024
  Court Action on Proposed AI Rule
• Reason (The Volokh Conspiracy) · May 30, 2023
  Federal Judge Requires All Lawyers to File Certificates Related to Use of Generative AI
• King & Spalding · June 14, 2024
  U.S. Fifth Circuit Decides Against Its Proposed Rule Amendment on AI Use in Legal Filings

What could not be confirmed

The Fifth Circuit's own statement does not display a date; June 12, 2024 is from King & Spalding and ComplexDiscovery. The number of the proposed Fifth Circuit rule and the comment count were not confirmed. Judge Starr's original requirement was not opened on the court's site (quoted from Volokh), and its current status is unconfirmed.