Proposed Amended Conflict of Interest Code for the Board of Trustees

The State Bar seeks public comment on a proposed amended Conflict of Interest Code for the Board of Trustees of the State Bar of California. The proposed amended code comprises the proposed amended code approved by the Board of Trustees at its meeting on July 20-21, 2023, plus further revisions sent by the Chief Justice of California to the State Bar on August 31, 2023. Length of comment period: 30 days.

Deadline: October 5, 2023, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.

Background

California's Political Reform Act requires public agencies to adopt and promulgate conflict of interest codes. (Cal. Gov’t Code § 87300). Codes must meet various statutory requirements such as: 

• Identifying agency positions that involve “the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable”; 
• Requiring disclosure by each position of financial interests that “may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the designated employee's position”; and 
• Setting forth the procedures for filing disclosures of financial interests and requirements for disqualification. 

Earlier this year, the State Bar's Board of Trustees identified revision of the conflict of interest code as a task to be completed by September 2023. Subsequently, the California Supreme Court directed the State Bar to expedite the revision and submit a proposed amended code to the Court by August 1, 2023.

Discussion/proposal

The State Bar submitted a proposed amended code to the Supreme Court on July 24, 2023. On August 31, 2023, the Chief Justice of California returned the proposed amended code to the State Bar with revisions and directed the State Bar to circulate that version for public comment.

The proposed amended code aims to assure that all foreseeable potential conflict of interest situations will be disclosed or prevented and to provide the Trustees with a clear and specific statement of their responsibilities with respect to conflicts of interest, including disclosure and disqualification.

The proposed amended code is applicable only to members of the Board of Trustees. State Bar employees and members of State Bar subentities are subject to a separate conflict of interest code.

Any fiscal/personnel impact

None

Background material

• Proposed Conflict of Interest Code for State Bar of California Board of Trustees
• From the Board of Trustees Meeting July 20–21, 2023: Agenda Item 708 Proposed Changes to Conflict of Interest Code for the Board of Trustees of the State Bar of California: Request for Approval to Submit to Supreme Court
• From the Clerk and Executive Director of the Supreme Court of California, August 31, 2023: Letter Directing the State Bar to Circulate Revised Code for Public Comment

Source

Chief Justice of the Supreme Court of California

Deadline

October 5, 2023, 11:59 p.m.

Direct comments to

Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.