KENOSHA, Wis. (CBS 58) – According to online court filings, Kenosha County District Attorney Xavier Solis has been sanctioned by a judge for failing to disclose the use of artificial intelligence (AI) in court, in a case attorneys say was dismissed for other reasons.

Kenosha County Circuit Court Judge David Hughes sanctioned Solis in a hearing involving 26-year-old Christain Garrett and 32-year-old Cornelius Garrett. The two men were charged in 2023 with a combined 74 criminal charges, including 38 felonies, related to burglaries and property damage.

Christain Garrett, Cornelius Garrett

Based on court documents requested by CBS 58, the defense moved to dismiss the case in August 2025. In the documents, the defense said the state’s reply had “AI hallucinations." The case was dismissed on Friday, Feb. 6.

“The issue was identified and acknowledged,” Solis said. “We have reviewed and reinforced our internal practices to ensure clarity and reliability in future filings, including verification of citations.”

Defense attorney Michael Cicchini, who represented Cornelius Garrett, said the judge’s decision to dismiss was not based on Solis’ AI error.

“While AI was an issue that came up at the hearing, the judge actually granted my motion to dismiss on substantive grounds,” Cicchini said in a statement. “In other words, the judge found that there was not probable cause that the defendant committed a crime. His ruling was based on the evidence the state presented at the preliminary hearing which was held about two years ago, under the previous district attorney administration.”

John Gross, a clinical associate professor of law at the University of Wisconsin Law School, is not connected with the case, but he shared his perspective on the court documents with CBS 58 as a legal expert.

“The AI sighted to cases that are actual cases in Wisconsin, but the AI basically said that the cases stood for one proposition and that was incorrect,” Gross said, referring to the court documents in the case.

Gross said lawyers are not prohibited from using AI in the courtroom, however, a local rule in Kenosha asks lawyers to disclose if it is used.

“One of the issues with using AI is that occasionally it gets things wrong,” Gross said. “In terms of credibility, your credibility is undermined if you are filing something that is simply incorrect.”

The charges for the two men were dismissed without prejudice, meaning they could be refiled.

Brenda VanCuick, the attorney for Christian Garrett, has not yet responded to CBS 58’s request for comment. CBS 58 has also reached out to Hughes on the terms of the sanction and has yet to hear back as well.