Sheriff Christina Corpus is requesting the recusal of District Attorney Steve Wagstaffe from any prosecutorial role and administration of civil grand jury proceedings regarding the sheriff, according to a claim filed with the courts Monday.
Wagstaffe would not confirm what the civil grand jury is investigating, but Corpus’ claim includes rationale and details relating to her position as sheriff, key whistleblowers against her administration, and lawsuits filed relating to Corpus and her administration.
Civil grand jury proceedings are, by law, confidential, and any legal motions filed are typically under seal, Wagstaffe said. His office will be responding to the claim confidentially later this week, he said.
The claim filed by Corpus’ attorneys alleges that Wagstaffe’s involvement in the proceedings is an “unprecedented consolidation of authority” where he acts as a prosecutor, civil grand jury administrator, and “de facto county counsel.” It adds that Wagstaffe has personal and professional conflicts that “create an untenable situation that compromises the integrity of these proceedings.”
The District Attorney’s Office “discussed for many, many months” the recusal of their office on the matter regarding the sheriff with both county counsel and the Attorney General’s Office, Wagstaffe said. Upon advice, they ultimately decided it was appropriate to remain involved.
The San Mateo County Board of Supervisors recently initiated the proceedings to consider removing Corpus from office, which may ultimately result in an under-oath evidentiary hearing and a final vote by the board to remove the elected sheriff.
The effort to do so comes after county voters gave the governing body the extended authority, after the public became aware of a Sheriff’s Office workforce operating under duress and threats of relation.
An alternative means to remove an elected sheriff is by the civil grand jury. In California, a civil grand jury is able to investigate and bring a formal accusation against an elected official. If the official is found guilty by the civil grand jury, they are removed from office.
In 2022, a civil grand jury in Santa Clara County investigated former sheriff Laurie Smith over acting campaign donations in exchange for concealed weapons permits. Smith resigned before the civil grand jury trial ended, which ultimately found her guilty. She can’t run for sheriff again.
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