Law students face challenges during the bar exam, raising concerns over AI involvement in question design.
The California State Bar’s use of AI in creating multiple-choice questions for the February 2025 bar exam has sparked controversy. With 61% of test takers reporting significant technical issues, calls for scoring adjustments and increased oversight are growing. The passing score was lowered in response to the backlash, and lawmakers are proposing independent reviews of the examination process. As the bar exam’s integrity comes under scrutiny, the State Bar is navigating the balance between innovation and fairness.
In a recent twist, the California State Bar has revealed that it utilized artificial intelligence to help design some multiple-choice questions for the February 2025 bar exam. This decision has sparked both support and criticism, as examinees faced a range of technical challenges during the test.
In light of the challenges faced by test takers, the California State Bar plans to ask the California Supreme Court to adjust scores for those who encountered significant issues during the exam. This is a bold move, reflecting a keen awareness of the frustrations examinees experienced on what is already a high-stress day. Many reported facing platform crashes, being locked out, and even losing completed essays—situations that no one wants to imagine when sitting for such an important test.
With 171 scored multiple-choice questions on the exam, the breakdown is quite interesting. About 100 of these questions were produced by Kaplan, while another 48 came from a first-year law student’s exam. However, 23 of the questions were formulated with the aid of AI by ACS Ventures. Despite these efforts, an alarming 61% of test takers reported significant issues that negatively impacted their performance. A mere 8% of examinees had a smooth experience, highlighting the level of distress many faced during the test.
The decision to include AI in the creation of exam questions has raised eyebrows and sparked concerns among professionals in the legal field. Critics are particularly troubled by the involvement of non-lawyers in crafting questions for such a crucial exam. Concerns surrounding the validity and reliability of these AI-assisted questions have led to calls for greater oversight and accountability from the State Bar. As a result of the backlash, the Committee of Bar Examiners has voted to lower the passing score from 560 to 534 to accommodate the issues faced during this exam.
In response to these technical failures and criticisms, the State Bar is taking steps to refine its exam materials and enhance future iterations of the test. They have also committed to providing new study resources to better prepare candidates. As the organization seeks to navigate this controversy, an internal review concluded that around 367 examinees had their multiple-choice answers adjusted statistically based on their overall exam performance, potentially alleviating some concerns about the fairness of the scoring process.
As the situation evolves, California lawmakers are considering proposed bills that would instigate an independent review of the bar exam process and its oversight. Notably, the California Supreme Court is demanding explanations regarding the incorporation of AI and the procedures in place to vet these exam questions, which had not been previously disclosed to the Court. This level of scrutiny indicates a broader call for transparency in how the bar exam is conducted and evaluated.
As the fallout from the February bar exam continues, the California State Bar faces challenges but is also entertaining necessary discussions about its examination practices. Moving forward, they will need to find a balance between innovative methods, like using AI, while ensuring the integrity of legal licensing examinations. With the public and legal communities keeping a close eye, the State Bar’s next steps will be crucial in restoring trust and confidence in the bar exam process.
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