Corpus seeking to halt a new sheriff through the court

Meanwhile, Corpus’ attorneys — for which she is now paying for on her own — were in court Thursday afternoon asking Judge Nina Shapirshteyn to order the Board of Supervisors to wait to fill the sheriff vacancy.

The county has agreed to not fill the vacancy for 14 days following Corpus’ firing, which would be until next Tuesday, Oct. 28. Pursuant to the approved removal proceedings, the county must appoint a successor or opt for a special election by Nov. 13.

Shapirshteyn did not make a final decision on approving a stay, but noted that the board could fill the vacancy as soon as Oct. 29.

Corpus’ attorney, Wilson Leung, argued that Corpus did not receive due process before her removal.

The Board of Supervisors’ vote was informed by an advisory opinion by retired Judge James Emerson who presided over a two-week evidentiary hearing and concluded there were four independent instances that show cause for removal.

Although Emerson was agreed upon by both parties, at the initial suggestion of the county, Leung argued that Emerson “was controlled by the Board [of Supervisors].”

The attorneys representing San Mateo County stipulated that the removal proceedings gave Corpus and her legal team plenty of opportunities for her case to be heard and considered by independent parties.

Similar arguments regarding the viability of the removal proceedings were reiterated in court on Tuesday, but the county’s attorneys simply argued that there is no need for a judge to stall the Board of Supervisors any longer.

“This department, which sorely needs leadership to recover from a tumultuous last few years, would continue not to have a permanent incumbent in the position of sheriff,” Travis Silva, partner at the Keker, Van Nest & Peters law firm, said.

Silva argued that should the Board of Supervisors opt for a special election, there will be plenty of time before the vacancy is filled, which negates the need for a stay order by Shapirshteyn. Even if the board appoints someone, if the judge ultimately finds that Corpus should be reinstated, nothing prevents her from ordering so, Silva argued.

Corpus’ legal team hopes the judge will make a decision before next Tuesday to stall the board just a little longer. Leung said they will ultimately seek a judge to reinstate Corpus as sheriff.

Corpus’ temporarily suspended POST certification means she cannot be a certified police officer in the state of California, which would mean she could not be sheriff if this status is maintained.

POST has its own administrative proceedings to consider decertification of police officers, which will occur independently of any court proceedings. However, should a judge find that Corpus was wrongfully removed from office, POST could rescind the suspension. On the other hand, if the suspension is found by POST to be sound, it will consider revoking her peace officer privileges altogether.

The same day the Board of Supervisors removed Corpus from office, she filed paperwork with SamCERA to retire so she could retain health benefits for herself and her children. The county has said the Board of Supervisors vote to oust still stands, regardless of her decision to retire.