(a) Any member of the board of trustees shall disqualify themself from making, participating in the making of, or attempting to influence any decisions of the State Bar in which the member has a financial interest, as that term is defined in § 87103 of the Government Code, that it is reasonably foreseeable may be affected materially by the decision.

(b) Any member of the board of trustees shall likewise disqualify themself when there exists a personal interest that may prevent the member from applying disinterested skill and undivided loyalty to the State Bar in making or participating in the making of decisions.

Terms Used In California Business and Professions Code 6036

  • board: means any entity listed in Section 101, the entities referred to in Sections 1000 and 3600, the State Bar, the Department of Real Estate, and any other state agency that issues a license, certificate, or registration authorizing a person to engage in a business or profession. See California Business and Professions Code 31
  • State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21

(c) Notwithstanding subdivisions (a) and (b), no member shall be prevented from making or participating in the making of any decision to the extent that the member’s participation is legally required for the action or decision to be made. The fact that a member’s vote is needed to break a tie does not make the member’s participation legally required for the purposes of this section.

(d) A member required to disqualify themself because of a conflict of interest shall (1) immediately disclose the interest, (2) withdraw from any participation in the matter, (3) refrain from attempting to influence another member, and (4) refrain from voting. It is sufficient for the purpose of this section that the member indicate only that the member has a disqualifying financial or personal interest.

(e) For purposes of this article and unless otherwise specified, “member” means any appointed or elected member of the board of trustees.

(Amended by Stats. 2023, Ch. 697, Sec. 10. (SB 40) Effective January 1, 2024.)

  Previous section
Next section  
 Article 2.5 Contents