Missoula County moves to strike AI-assisted court filing

MISSOULA, Mont. – The Missoula County Attorney's Office has filed a motion to strike a court document submitted by Justin Stroup's defense due to a violation of local rules concerning the use of generative artificial intelligence.

Deputy County Attorney Justin Ekwall filed the motion on February 17, 2026, arguing that the defense's motion to dismiss, filed on February 9, 2026, did not comply with the Fourth Judicial District's Local Rule 3(G). This rule mandates that any document created with the assistance of AI must disclose the specific tool used, how it was utilized, and certify the accuracy of the content generated.

The motion to strike highlights several sections in the defense's filing that suggest AI involvement, including language templates and hyperlinks to external sources. Ekwall emphasized the importance of the rule, stating it addresses valid concerns about security and accuracy, particularly in criminal cases where confidential information might be uploaded to servers.

The document also noted discrepancies in the content, such as inaccurate references to mental health evaluations by Dr. Day and Dr. Edwards. "Dr. Day made no such finding and Dr. Edwards specifically declined to do so," said the motion.

Ekwall expressed concern over the potential impact of such inaccuracies on the defendant, who struggles with paranoia and delusional thinking. He stated, "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."

The county attorney's office seeks an order from the court to strike the motion without prejudice, allowing for resubmission under proper guidelines. Additionally, they request that defense counsel disclose any other filings created using AI since the rule's adoption on October 31, 2025, and certify their accuracy.