Background
Steven Schnell sought mandamus directing the circuit court to transfer a proceeding to terminate his parental rights and permit a stepparent adoption. He argued the matter belonged in St. Charles County because other litigation involving the minor child was pending there.
Schnell’s counsel, Jenna Rohr Conley, cited two purported authorities for the proposition that all cases involving one family must be decided by the same judge. After ordering opposition briefing based on those representations, the court determined that the cited authorities did not support the asserted rule and issued a show-cause order.
The Court’s Holding
The court denied the mandamus petition as meritless. It found no authority supporting Schnell’s requested venue transfer or a nonfrivolous argument for requiring transfer under these circumstances.
The court also sanctioned Conley $1,750 under Missouri Rule 55.03, payable to the underlying petitioners for reasonable attorney’s fees incurred in preparing opposition suggestions. Conley acknowledged that she used generative AI to research authorities and failed to verify the citations before filing them.
The sanction rested on filing citations to nonexistent cases and failing to make an objectively reasonable prefiling inquiry—not on the mere use of generative AI. The court emphasized that counsel must verify AI-generated legal research before submitting it.
Key Takeaways
- Mandamus relief was denied because the requested venue transfer lacked legal support.
- Rule 55.03 requires an objectively reasonable inquiry into the law and facts before filing.
- Attorneys may use generative AI, but remain responsible for confirming every authority and proposition presented to a court.
Why It Matters
The decision applies Missouri’s existing filing-certification rule to AI-generated legal research and makes clear that unverified fabricated citations can trigger monetary sanctions. It also distinguishes permissible use of AI tools from counsel’s nondelegable duty to ensure the accuracy of court filings.