The State Bar of California has recently come under fire after disclosing that artificial intelligence was used to develop some of the multiple-choice questions in their February bar exam. The revelation has stirred up a storm of controversy, particularly because this exam session was already marred by technological failures.
According to a report by MyMotherLode.com, the California bar exam, held in February 2025, faced significant issues. Many test-takers experienced severe disruptions, including platform crashes and error messages. These issues prevented some candidates from completing their exams, while others struggled to save their work or even start the test.
In a statement, Mary Basick, assistant dean of academic skills at the University of California, Irvine, Law School, expressed her disbelief, saying, “The debacle that was the February 2025 bar exam is worse than we imagined.” She added, “I’m almost speechless. Having the questions drafted by non-lawyers using artificial intelligence is just unbelievable.”
The State Bar of California has acknowledged that out of the 171 scored multiple-choice questions, 23 were developed using AI by ACS Ventures, their psychometrician. Despite the backlash, Leah Wilson, the executive director of the State Bar, defended the use of AI, stating, “We have confidence in the validity of the questions to accurately and fairly assess the legal competence of test-takers.”
However, not everyone is convinced. Katie Moran, an associate professor at the University of San Francisco School of Law, called the admission “a staggering revelation.” She criticized the State Bar for employing a company to have a non-lawyer use AI to draft questions and then assess them.
Andrew Perlman, dean of Suffolk University Law School, and a member of the American Bar Association Task Force on the Law and Artificial Intelligence, remarked that while the use of AI in developing exam questions isn’t surprising, it is crucial that any AI-generated content is thoroughly vetted by experts.
As AI technology continues to advance, Perlman predicts its increased use in various fields, including legal assessments. He foresees a future where the competence of lawyers who don’t use these tools might be questioned.
This incident highlights the growing intersection of technology and professional exams, raising important questions about the role of AI in high-stakes testing environments.
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