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AII-1001-91019
ConfirmedA court, a regulator or the organization itself has stated the core facts, or the record cites a court or regulator source.

California State Bar used AI to develop bar exam questions

California's State Bar admitted that 23 of 171 scored multiple-choice questions on its February 2025 bar exam were developed with AI assistance by ACS Ventures, its independent psychometrician. The disclosure sparked criticism that non-lawyers used AI to draft questions and that the same company assessed the validity of its own questions, creating a conflict of interest.

February 2025 Β· State Bar of California Β· Governance, accountability and labour
February 2025
AII-1001-910193 sources ↓
Quick facts
Category
Governance, accountability and labour
Country
United States
Source
Ars Technica
Date
February 2025
Drafted by
Raidu Incident Detection

What happened

The State Bar of California disclosed on April 23, 2025 that 23 of 171 scored multiple-choice questions on its February 2025 bar exam were developed with artificial intelligence by ACS Ventures, the State Bar's independent psychometrician. The remaining questions came from Kaplan (100 questions) and a first-year law student exam (48 questions).

The State Bar said it will ask the California Supreme Court to adjust test scores for February exam takers. The disclosure came nearly two months after prospective lawyers complained of technical problems and irregularities on the exam.

Reported impact

Law professors and experts criticized the admission as a conflict of interest because non-lawyers used AI to draft questions and the same company was tasked with assessing the validity and reliability of the questions it authored. Mary Basick, assistant dean at UC Irvine Law School, said having non-lawyers use AI to draft questions was "unbelievable," and test-takers had complained after the exam that some questions felt as if they were written by AI.

Katie Moran, associate professor at the University of San Francisco School of Law, called the disclosure "a staggering admission" and said the State Bar employed a company to have non-lawyers use AI to draft questions, then paid that same company to assess and approve those questions.

Index analysis

Andrew Perlman, dean of Suffolk University Law School and advisory council member of the American Bar Association Task Force on the Law and Artificial Intelligence, said he was not aware of AI being used to develop bar exam questions or standards governing such use. He stated that while AI can be useful for developing assessment questions, critical guardrails include careful vetting by subject matter experts.

Governance controls

The State Bar of California is an administrative arm of the California Supreme Court. The disclosure prompted discussion about governance gaps, as Perlman noted he had not heard of standards or guardrails in place for using AI to develop bar exam questions in the legal profession.

Classification

Category
Governance, accountability and labour
Industry
Government, security and defence
Country
United States
Harm status
Actual harm
Intent
Unintentional
Timing
Post-deployment
Harm types
Reputational
Harmed
Consumers
AI systems
ACS Ventures AI system

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

Ars Technica
AI secretly helped write California bar exam, sparking uproar
23 April 2025
Los Angeles Times
State Bar of California admits it used AI to develop exam questions, triggering new furor
23 April 2025
U.S. News & World Report
California Bar Discloses AI Was Used to Develop Some Questions in Problem-Plagued February Exam
23 April 2025