Kaufman v. Upton et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_____________________________________
)
BRITTNEY KAUFMAN, 	)
)
Plaintiff, 	)
) 	Civil Action No.
v. 	) 	25-11550-FDS
)
JAMEY UPTON, CONNIE UPTON, and 	)
DEWITT UPTON, 	)
)
Defendants. 	)
)
_____________________________________ )
ORDER REFERRING ATTORNEY ROGER A. PEACE TO
BOARD OF BAR OVERSEERS FOR POTENTIAL DISCIPLINE
SAYLOR, J.
On September 10, 2025, this Court issued an order requiring attorney Roger A. Peace to
show cause why he should not be sanctioned or referred to the Massachusetts Board of Bar
Overseers. (Dkt. No. 25). The Court issued that order after it found what appeared to be AI-
generated citations to nonexistent authority in plaintiff’s submissions opposing defendants’
motions to dismiss.
Attorney Peace responded to the Court’s show-cause order on September 23, 2025.
(Resp. & Decl. to Show Cause, Dkt. No. 26). His response, however, was somewhat less than
forthcoming. He asserted that the “errors of incorrect case citations arose from a version control
mistake,” and that a “first draft with placeholder and unverified citations” was inadvertently filed
as the result of a “clerical error.” (Id. ¶¶ 4-5). His response did not, however, address whether
and to what extent artificial intelligence was used in the preparation of the responses, nor the
precise nature of the “clerical error” that led to their inclusion in the relevant submissions.
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The submission of false authority to a court, whether generated by artificial intelligence
or not, potentially implicates several rules of professional conduct, including an attorney’s duty
of candor. See Mass. R. Pro. Conduct 3.3(a). Therefore, because the Court has now dismissed
the action for lack of jurisdiction and failure to state a claim upon which relief can be granted, it
will refer the matter to the Board of Bar Overseers to impose such discipline, if any, that the
Board deems appropriate under the circumstances. The Clerk is directed to transmit a copy of
this order, as well as the Court’s show-cause order dated September 10, 2025, and counsel’s
response dated September 23, 2025, to the Board of Bar Overseers.
So Ordered.
/s/ F. Dennis Saylor IV
F. Dennis Saylor IV
Dated: January 21, 2026 	United States District Judge
Case 1:25-cv-11550-FDS Document 28 Filed 01/21/26 Page 2 of 2