San Mateo County sheriff wants AG to oversee civil grand jury trial

The civil grand jury trial is a method underway — separate from the Board of Supervisors’ vote — to possibly remove Corpus from her elected position. A civil grand jury accusation, and subsequent trial, is one of the very few ways an elected official may be removed from office. 

The civil grand jury formally accused Corpus of three counts of retaliation and one count of conflict of interest June 27. This followed a monthslong hearing where 32 witnesses, including Corpus, testified under oath. The hearing was conducted by the county’s District Attorney’s Office. 

Corpus has raised concerns about bias from Wagstaffe and his team, who may be seeking criminal charges against Corpus at some point, which is why she’s seeking the office’s recusal on the case going forward. 

In July, Wagstaffe said he was advised “repeatedly” by the Attorney General’s Office that there is not a meaningful conflict of interest of his office overseeing the grand jury proceeding. 

In a separate legal motion, Corpus’ attorneys sought relief from a judge to halt her termination by the Board of Supervisors so the court can make a decision if her removal is legal. 

The Board of Supervisors responded to the motion and agreed to wait at least 14 days after the board’s final action, should they vote Corpus be removed, to fill the vacancy. This would allow Corpus’ team to pursue any litigation they may seek. 

The Board of Supervisors is awaiting a formal recommendation from retired Judge James Emerson, who presided over a 10-day evidentiary hearing and will see if there is enough cause to remove Corpus from office. 

Once Emerson submits his recommendation, the Board of Supervisors can make their final vote to remove Corpus as soon as 24 hours after. Emerson has until mid-October to submit his recommendation, but Corpus’ attorneys fear it may be sooner.