Introduction to the State Bar of California’s Admission

The State Bar of California has recently admitted to using artificial intelligence (AI) to develop exam questions for its bar exam. This revelation has caused outrage among prospective lawyers and academics, who argue that the use of AI-developed questions is unacceptable and may have compromised the validity of the exam.

Background on the Bar Exam Controversy

In February 2025, hundreds of prospective California lawyers took the bar exam, which was plagued by technical problems and irregularities. Many test-takers reported issues with the online testing platform, including being kicked off the platform or experiencing screens that lagged and displayed error messages. Others complained that the multiple-choice test questions had typos, consisted of nonsense questions, and left out important facts.

The State Bar’s Admission

The State Bar of California has admitted that some of the multiple-choice questions on the exam were developed with the aid of AI by ACS Ventures, the State Bar’s independent psychometrician. The State Bar has also revealed that a subset of questions were recycled from a first-year law student exam. This has raised concerns among academics and prospective lawyers, who argue that the use of AI-developed questions and recycled questions from a first-year law exam may have compromised the validity of the exam.

Reaction from Academics and Prospective Lawyers

Mary Basick, assistant dean of academic skills at UC Irvine Law School, has expressed outrage over the State Bar’s admission. "The debacle that was the February 2025 bar exam is worse than we imagined," she said. "I’m almost speechless. Having the questions drafted by non-lawyers using artificial intelligence is just unbelievable." Katie Moran, an associate professor at the University of San Francisco School of Law, has also criticized the State Bar’s decision to use AI-developed questions. "The State Bar has admitted they employed a company to have a non-lawyer use AI to draft questions that were given on the actual bar exam," she said.

The State Bar’s Response

The State Bar has defended its decision to use AI-developed questions, arguing that the questions were reviewed by content validation panels and subject matter experts ahead of the exam. The State Bar has also argued that the use of AI-developed questions did not compromise the validity of the exam. However, critics have argued that the State Bar’s response is inadequate and that the use of AI-developed questions and recycled questions from a first-year law exam may have compromised the validity of the exam.

The California Supreme Court’s Involvement

The California Supreme Court has directed the State Bar to review the availability of new technologies, such as AI, that might innovate and improve upon the reliability and cost-effectiveness of testing. However, the court was unaware that the State Bar had utilized AI in developing exam questions until recently.

Conclusion

The State Bar of California’s admission that it used AI to develop exam questions has caused outrage among prospective lawyers and academics. The use of AI-developed questions and recycled questions from a first-year law exam has raised concerns about the validity of the exam. The State Bar must take steps to address these concerns and ensure that the bar exam is fair and valid.

FAQs

• Q: Did the State Bar of California use AI to develop exam questions?
  A: Yes, the State Bar of California has admitted to using AI to develop some of the multiple-choice questions on the bar exam.
• Q: Were the AI-developed questions reviewed by experts?
  A: Yes, the State Bar has argued that the AI-developed questions were reviewed by content validation panels and subject matter experts ahead of the exam.
• Q: Has the California Supreme Court been involved in the controversy?
  A: Yes, the California Supreme Court has directed the State Bar to review the availability of new technologies, such as AI, that might innovate and improve upon the reliability and cost-effectiveness of testing.
• Q: What has been the reaction to the State Bar’s admission?
  A: The reaction has been largely negative, with many academics and prospective lawyers expressing outrage over the use of AI-developed questions and recycled questions from a first-year law exam.