Judge Brantley Starr made history in May 2023

Judge Brantley Starr made history in May 2023 by becoming the first federal judge in the United States to issue a standing order specifically addressing AI use in court filings. His Northern District of Texas order didn't just raise eyebrows—it set the template that dozens of judges across the country would follow.

Here's what every attorney filing before Judge Starr needs to know: you'll sign a certificate confirming either that no AI was used in drafting your filings, or that any AI-generated text was verified by a human for accuracy. There's no wiggle room, and there's no exception for "just using it for research." If you're appearing in his courtroom, this applies to you.

What Judge Starr's Standing Order Actually Requires

Judge Starr's standing order, issued on May 30, 2023, requires all attorneys appearing before him to file a certificate regarding AI use. The certificate must confirm one of two things: (1) no generative AI tool was used in preparing the filing, or (2) any AI-generated text was checked for accuracy by a human being using traditional legal research tools. The order specifically names tools like ChatGPT, Harvey AI, and similar large language models. It doesn't cover basic legal research platforms like Westlaw or Lexis that have been around for decades—those aren't the target. The order applies to every filing, not just briefs. Motions, responses, replies, discovery disputes—all of it.

Why This Order Exists: The Context That Forced Judge Starr's Hand

Judge Starr issued his order just weeks after the Mata v. Avianca debacle in the Southern District of New York, where attorney Steven Schwartz submitted a brief filled with fabricated case citations generated by ChatGPT. That case became a national embarrassment for the legal profession and a wake-up call for the judiciary. Judge Starr didn't wait for a similar incident in his courtroom. He acted preemptively, reasoning that generative AI tools are prone to hallucination and that attorneys have an existing obligation under Rule 11 to verify the accuracy of their filings. His order simply made that obligation explicit in the AI context. The timing was deliberate—he wanted to establish expectations before problems arose, not after.

Penalties for Non-Compliance in Judge Starr's Courtroom

Judge Starr hasn't had to impose sanctions specifically for AI disclosure violations—largely because his order has been effective at deterring misuse. But make no mistake: failing to file the required certificate or filing a false one exposes you to Rule 11 sanctions, potential contempt of court, and referral to your state bar for disciplinary proceedings. Judge Starr has signaled that he considers undisclosed AI use a breach of the attorney's duty of candor to the tribunal. In practical terms, opposing counsel now routinely checks for AI hallmarks in filings submitted in his courtroom, and any whiff of fabricated citations will trigger immediate scrutiny.

Practical Compliance Steps for Filing Before Judge Starr

Step 1: Before filing anything, run every citation through Westlaw or Lexis to confirm it exists and says what you think it says. Step 2: If you used ChatGPT, Claude, Harvey, or any similar tool at any stage of drafting, prepare to file the AI certification. Step 3: Include the certification as a separate document or as an attachment to your filing—check the current local requirements for formatting. Step 4: Keep a record of your AI usage and verification process internally. If challenged, you'll want to show your work. Step 5: Brief your entire team, including paralegals and contract attorneys, because the obligation extends to anyone who contributed to the filing.

How Judge Starr Compares to Other N.D. Texas Judges

Judge Starr was the first in the Northern District of Texas to issue an AI standing order, and he remains one of the strictest. Several other N.D. Texas judges have since adopted similar requirements, but Judge Starr's order is the most detailed and the most frequently cited as a model. The Northern District as a whole hasn't adopted a district-wide AI policy yet, which means requirements vary judge by judge. Some judges in the district have no AI-specific order at all. If you're filing in N.D. Texas, you need to check the specific assigned judge's standing orders—don't assume Judge Starr's rules apply across the board, and don't assume other judges have no requirements just because they haven't issued a formal order.

The Bottom Line: Before filing anything in Judge Starr's courtroom, verify every AI-assisted citation through traditional research tools, prepare your AI certification, and make sure every member of your team understands the disclosure requirement. He was first for a reason—he takes this seriously.