The Zelle Lonestar Lowdown
A New York Appellate Court faced an interesting situation on March 26, 2025, when a pro se litigant, Jerome Dewald, attempted to use an AI avatar as his counsel to argue for a reversal of the lower court’s decision in an employment dispute.
Dewald apparently requested permission from the court to use an audio-video presentation as part of his oral argument, and the court granted the request. However, the court’s accommodations for the pro se litigant were short lived when Dewald began playing a video of a much younger man (later determined to be an AI avatar) – beginning his speech with “May it please the court.” (the argument starts at 19:30). After a few seconds, Justice Sallie Manzanet-Daniels recognized that the video was of an avatar and chastised Dewald, advising that she did not “appreciate being misled” – and promptly asked someone to turn off the video.
Although Dewald later apologized to the court for using an AI avatar, his case is still pending, and it is unclear whether the improper use of AI will ultimately have an impact on the outcome of the litigation.
Experts in the field of AI have opined that it was only a matter of time before someone used a synthetically-produced video to present his or her case – especially in light of the fact that Arizona’s Supreme Court intentionally began using two AI-generated avatars similar to the one used by Dewald to summarize court rulings for the public (apparently to make the judicial system more publicly-accessible).
And although (for now) those seeking to use AI avatars in the courtroom will likely avoid the First Judicial Department Appellate Division of the Supreme Court of the State of New York, with the growing use of AI in nearly every profession and discipline, both litigators and justices will likely counter this unusual courtroom participant in the future.
