The State Bar seeks public comment on proposed amendments concerning conflict of interest evaluations for potential State Bar Court judges and Board of Trustees appointees and whether similar processes should be recommended to other entities and authorities appointing Board members.
Deadline: September 7, 2023, 11:59 p.m.
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.
Pursuant to California Rules of Court, rules 9.11 and 9.90, the State Bar supports two Supreme Court-appointed committees that evaluate candidates for appointment to State Bar Court judgeships and the Board of Trustees, respectively. The Supreme Court has directed the State Bar to develop and propose to the Court amendments to these rules to require the committees to collect information on and consider candidates’ actual and potential conflicts of interest. The Board now seeks public comment on the proposed amendments developed pursuant to the Supreme Court's directive.
The proposed amendments effectuate the Supreme Court's directive to propose amendments to Rules of Court 9.11 and 9.90 to require the committees that evaluate applicants to become State Bar Court judges or members of the Board of Trustees to “identify and assess each candidate’s actual and potential conflicts of interest” in order to “better achieve the goal of selecting independent and unbiased candidates.”
The Court specifically directed that the amendments, at a minimum, should: "(1) require candidates to disclose financial and nonfinancial interests that might affect, or might be affected by, the candidate’s service in the State Bar office in question; (2) require candidates to provide a list of attorneys whom the candidate would identify as creating a conflict in any future service with the State Bar; and (3) require the committees to review this information and evaluate whether it might disqualify a candidate or reduce a candidate’s rating.
Public comment is also sought on whether the Board of Trustees should recommend to other authorities that appoint members of the Board of Trustees that they adopt a similar process for evaluating candidates’ conflicts of interest and potential conflicts of interest.
If adopted by the Supreme Court, the proposed amendments to rules 9.11 and 9.90 would result in some additional work for existing State Bar staff in supporting the collection and review of conflicts of interest information by the Applicant Evaluation and Nomination Committee and the State Bar Trustees Nominating Committee.
Board of Trustees
September 7, 2023, 11:59 p.m.