AI-Generated Questions on California Bar Exam Spark Controversy and Outrage

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The State Bar of California's admission of using AI to develop exam questions has led to widespread criticism and concerns about the integrity of the February 2025 bar exam, compounding existing issues with the test administration.

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AI-Generated Questions Spark Controversy

The State Bar of California has admitted to using artificial intelligence (AI) to develop a portion of multiple-choice questions for its February 2025 bar exam, igniting a firestorm of criticism from legal education experts and test-takers alike

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. This revelation comes amidst ongoing complaints about technical problems and irregularities during the exam administration.

According to the State Bar, 23 out of 171 scored multiple-choice questions were created by ACS Ventures, the bar's psychometrician, with AI assistance

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. The remaining questions were developed by Kaplan Exam Services or drawn from a first-year law student exam

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Criticism and Concerns

The disclosure has drawn strong criticism from legal education experts. Mary Basick, assistant dean of academic skills at the University of California, Irvine School of Law, expressed shock, stating, "Having the questions drafted by non-lawyers using artificial intelligence is just unbelievable"

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. Katie Moran, an associate professor at the University of San Francisco School of Law, called it "a staggering admission"

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Critics have raised concerns about the integrity of the exam and the potential impact on test-takers' careers. The use of AI in developing exam questions has also raised ethical questions about the role of technology in high-stakes testing

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Technical Issues and Exam Administration

The AI controversy compounds existing issues with the February 2025 bar exam. Test-takers reported numerous technical problems, including:

  1. Being kicked off online testing platforms
  2. Experiencing screen lag and error messages
  3. Encountering typos and confusing questions

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These issues have led to a federal lawsuit against Meazure Learning, the exam administrator, and calls for an audit of the State Bar

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State Bar's Response

The State Bar has defended its practices, stating that all questions underwent review by content validation panels and subject matter experts before the exam

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. Leah Wilson, State Bar Executive Director, expressed confidence in the validity of the multiple-choice questions to assess legal competence fairly

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Alex Chan, chair of the State Bar's Committee of Bar Examiners, noted that the California Supreme Court had urged the exploration of new technologies, including AI, to improve testing reliability and cost-effectiveness

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. However, the California Supreme Court stated it was unaware of AI's use in drafting questions until the State Bar's press release

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Implications and Future Actions

The State Bar plans to ask the California Supreme Court to adjust test scores for February exam takers

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. The Committee of Bar Examiners will meet on May 5 to discuss remedies

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This incident raises broader questions about the use of AI in high-stakes testing and the legal profession. Andrew Perlman, dean of Suffolk University Law School, predicts that AI use in developing assessment questions will continue to grow, emphasizing the importance of careful vetting by subject matter experts

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As the legal community grapples with these developments, the incident highlights the need for transparency, ethical considerations, and robust quality control measures in the integration of AI technologies into professional licensing exams.

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