SECTIONS 6035-6038 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6035-6038

6035. 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.

6036. (a) Any member of the board of governors must disqualify
himself or herself from making, participating in the making of, or
attempting to influence any decisions of the board or a committee of
the board in which he or she 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) Any member of the board of governors must likewise disqualify
himself or herself when there exists a personal nonfinancial interest
which will prevent the member from applying disinterested skill and
undivided loyalty to the State Bar in making or participating in the
making of decisions.
(c) Notwithstanding subdivisions (a) and (b), no member shall be
prevented from making or participating in the making of any decision
to the extent his or her 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 his or her participation legally
required for the purposes of this section.
(d) A member required to disqualify himself or herself 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 he or she 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
governors.

6037. No action or decision of the board or committee of the board
shall be invalid because of the participation therein by a member or
members 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 governors,
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.

6038. 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.