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Missoula judge, public defender clash over AI use

Source: missoulian.com

TL;DR

A Missoula public defender filed an AI-generated motion to dismiss a burglary case without required disclosure under local court rules.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)[[2]](https://missoulian.com/news/local/crime-courts/article_3c0859f2-9770-4a7a-8c1f-e275cb012252.html)
Prosecutor Justin Ekwall spotted obvious AI language, factual errors, and privacy risks from uploading sensitive mental health records to an AI server.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)
The defense withdrew the filing, resubmitted a corrected version, and adopted new AI disclosure policies amid ongoing court review.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)

The story at a glance

A Missoula County public defender, Monica Tranel, filed a motion on February 9, 2026, to dismiss a burglary case for client Justin Stroup that contained undisclosed AI-generated text, prompting prosecutor Justin Ekwall to move to strike it for violating Fourth Judicial District rules. Judge John Larson vacated a trial date without ruling on the AI issue, as the defense withdrew the filing and refiled a corrected one. This is being reported now due to a recent follow-up clash over broader AI use in court filings by the public defender's office.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)

Key points

Fourth Judicial District Local Rule 3(G), updated last year, requires filers to disclose any AI use, specify the tool, describe its application, and certify fact-checking; no disclosure presumes none used.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)
Ekwall identified a 13-page AI section starting with template-like instructions, factual errors on mental health evaluation timing, and links to sensitive documents on Amazon Web Services, raising security concerns.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)
Defense administrator Brian Smith called the AI inclusion inadvertent, criticized the prosecutor's response as unhelpful, and noted their tools like JusticeText and Lexis AI use closed systems that retain no data.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)
County Attorney Matt Jennings said it was their first detected AI filing via software, suspects more exist, and will avoid generative AI until safeguards improve for criminal justice info.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)
Tranel, a supervisor since 2025 and past congressional candidate, could not be reached; her office now requires certification for three AI tools and "clean eyes" review.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)

Details and context

The incident stems from national issues with generative AI "hallucinations" creating fake case citations in hundreds of court filings, prompting districts like Montana's Fourth to mandate disclosures for accuracy and privacy.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)

Ekwall requested the court order the public defender's office to review past filings for undisclosed AI, disclose tools used, and certify compliance—part of an escalating dispute over AI integration in Missoula courts.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)

Tranel's memo to staff views AI as a "force multiplier" for client advocacy but stresses discipline and transparency per rules; the burglary case involves a defendant with paranoia and delusions, heightening stakes for reliable filings.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)

Key quotes

"While AI could theoretically one day become a replacement for portions of staff of experienced attorneys, it is readily apparent that this day has not yet arrived." — Prosecutor Justin Ekwall, in motion to strike.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)
"Tools like JusticeText and Lexis AI are force multipliers that allow us to fight harder for our clients. We will continue to use them, but we will use them with the discipline and transparency the court requires." — From Monica Tranel's memo, via Brian Smith.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)

Why it matters

AI tools promise efficiency in overloaded public defender offices but risk errors, fake facts, and data breaches in criminal cases with confidential info.

This means courts must enforce rules strictly to protect defendants' rights and case integrity, while attorneys adapt without compromising security.

Watch for Judge Larson's order to show cause, potential sanctions, and if the district expands AI audits or rules amid rising use.[[1]](https://www.msuexponent.com/news/state/defense-attorney-monica-tranel-caught-violating-ai-rules-in-case-filing/article_36e5ed91-42af-5279-90ea-e130115c8b0e.html)