Artificial intelligence was used to help draft questions for California’s bar exam, a revelation that has stirred controversy among educators and students. The State Bar of California confirmed this development on Monday, according to a report by the Los Angeles Times.
An independent psychometric firm, ACS Ventures, was contracted by the State Bar to create a portion of the exam using AI tools. The Bar clarified that these AI-assisted questions were vetted by expert panels and a subject matter specialist before the exam took place. This clarification came as the Bar addressed prior complaints of technical glitches and question-related errors from test takers.
Out of the 171 multiple choice questions, 23 were generated with AI involvement, the LA Times reported. Most questions were developed by the education company Kaplan, while a few were reused from the First-Year Law Students’ Exam. The most recent bar exam was conducted remotely, which already led to frustration due to repeated platform crashes and technical bugs. The disclosure about AI-generated content has only intensified that frustration.
Mary Basick, assistant dean at UC Irvine School of Law, expressed disbelief: “I’m almost speechless. Having questions drafted by non-lawyers using artificial intelligence is just unbelievable.” Katie Moran, associate professor at the University of San Francisco School of Law, described the move as “a staggering admission.”
Moran also raised concerns over the fact that ACS Ventures — the firm responsible for creating the AI-generated questions — was also involved in approving them for use.
Alex Chan, chair of the State Bar’s Committee of Bar Examiners, told the outlet that the California Supreme Court had encouraged the Bar to explore emerging technologies, including AI, as part of efforts to boost exam efficiency and reliability.
The use of generative AI in important decision-making processes has been on the rise — and not without incident. There have been speculations that the formula used to calculate tariff rates under the Trump Administration may have involved tools like ChatGPT.
In a separate instance, two New York lawyers were penalized for submitting a legal brief generated by AI, which included fabricated case citations. AI-generated content has also increasingly appeared in academic papers.
These cases highlight a broader ethical dilemma: while generative AI offers convenience and speed, it also carries risks of inaccuracy and accountability — risks that become especially significant in high-stakes fields like law.
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