A U.S. appeals court has asked to hear arguments over whether a lower court judge in Mississippi should be reassigned from a ​case after he issued an order containing errors stemming from the use ‌of AI.

A 5th U.S. Circuit Court of Appeals panel on Friday asked lawyers in the case to be prepared at an upcoming hearing to address whether it should be assigned ​to a different district judge, “especially in light of the use of ​AI by the district court.”

U.S. District Judge Henry Wingate in Jackson, ⁠Mississippi, was one of two judges who admitted in response to an inquiry by ​U.S. Senate Judiciary Committee Chairman Chuck Grassley last year that members of their ​staff used AI to prepare court orders in unrelated cases that Grassley called "error-ridden."

Both judges said the decisions did not go through their chambers' typical review processes before they were issued.

Wingate did ​not immediately respond to a request for comment sent to his court staff ​on Monday. Lawyers for the state and for the plaintiffs, which include the Jackson Federation of ‌Teachers, ⁠did not immediately respond to requests for comment on Monday.

Wingate issued a temporary restraining order in the case on July 20, 2025, blocking state officials from enforcing a ban on diversity, equity, and inclusion programs in state universities and public schools.

He then replaced ​the order after ⁠lawyers for the state argued that it contained references to made-up material, incorrect plaintiffs and defendants, and other serious errors.

He declined to ​give an explanation for the errors at the time.

In an ​October letter to ⁠Grassley, Wingate said that a law clerk used AI tool Perplexity "as a foundational drafting assistant to synthesise publicly available information on the docket." He said posting the ⁠draft decision "was ​a lapse in human oversight."

The state in ​the 5th Circuit appeal is challenging a preliminary injunction Wingate issued later in the case. The appeal ​is set for oral argument on August 31.