Section § 6035

Explanation

This section explains that unless it's clearly stated otherwise, any terms used in this article should be understood as they are defined in Chapter 2, starting with Section 82000, of Title 9 of the Government Code. Essentially, it's saying that the definitions in that part of the Government Code apply here too, unless specified otherwise.

Unless the contrary is stated or clearly appears from the context, the definitions set forth in Chapter 2 (commencing with Section 82000) of Title 9 of the Government Code shall govern the interpretation of this article.

Section § 6036

Explanation

This law requires members of the State Bar's board of trustees to step aside from decisions where they have a financial or personal interest that could affect their impartiality. They must disclose their conflict, not participate in related discussions or votes, and refrain from influencing others. However, if their participation is legally required (except to break a tie), they may still be involved. A member refers to any appointed or elected board member.

(a)CA Business & Professions Code § 6036(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 Section 87103 of the Government Code, that it is reasonably foreseeable may be affected materially by the decision.
(b)CA Business & Professions Code § 6036(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.
(c)CA Business & Professions Code § 6036(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)CA Business & Professions Code § 6036(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)CA Business & Professions Code § 6036(e) For purposes of this article and unless otherwise specified, “member” means any appointed or elected member of the board of trustees.

Section § 6037

Explanation

This law states that if a member of the State Bar's board of trustees breaks certain rules, it doesn’t mean the State Bar's decisions are automatically invalid. However, if a board member breaks these rules on purpose, they might face legal consequences. For intentionally breaking part (a) of these rules, a board member could go to jail for up to five days or pay a fine up to $1,000 or both. If the board member is an attorney, their conviction record will be sent to the Supreme Court, and their role on the board will end. Breaking part (b) of the rules intentionally can lead to a civil fine of up to $500 per violation, recovered through a court action, with the money going to the county where the member lives or works.

No action or decision of the State Bar shall be invalid because of the participation therein by a member or members of the board of trustees in violation of Section 6036. However, any member who intentionally violates the provisions of subdivision (a) of Section 6036 is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding five days, or by a fine not exceeding one thousand dollars ($1,000), or by both, and, if the member is an attorney member of the board, a certified copy of the record of conviction shall be transmitted to the Supreme Court for disposition as provided in Sections 6101 and 6102. Upon entry of final judgment of conviction, the member’s term of office on the board of trustees, and duties and authority incidental thereto, shall automatically terminate. Any member who intentionally violates the provisions of subdivision (b) of Section 6036 shall be liable for a civil penalty not to exceed five hundred dollars ($500) for each violation, which shall be assessed and recovered in a civil action in a court of competent jurisdiction brought in the name of the state only by a district attorney of a county in which the member resides or maintains offices and the penalty collected shall be paid to the treasurer of that county.

Section § 6038

Explanation

This law says that attorney members of certain judicial groups and some State Bar employees must follow specific rules when they're involved in making or influencing government decisions, except for judicial matters.

Attorney members of the Judicial Council, members of the Commission on Judicial Performance who are not judges, and employees designated in the Conflict of Interest Code of the State Bar of California are subject to provisions of this article with respect to making, participating in the making, or attempting to influence, governmental decisions of their respective state agencies other than decisions of a judicial or quasi-judicial nature.